The Criminal Original Petition is filed to call for the records pertaining to C.C.No.242 of 2015 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi and to quash the same.
2.The petitioners are Accused Nos.1 to 3 and they are police officers, working in Alagappapuram Police Station, Karaikudi, Sivagangai District. A private complaint has been preferred by the de-facto complainant as against the petitioners herein and the same was registered in Crime No.21 of 2015, for the offences punishable under
Sections 294(b),324 and
506(ii) IPC.
3.The petitioners themselves admitted that the prosecution has obtained the sanction, which is required under
Section 200 of Cr.P.C. However, the grievance of the petitioners is that the de-facto complainant has preferred the private complaint under
Section 200 of Cr.P.C., before the learned Principal District Munsif cum Judicial Magistrate, Karaikudi, out of personal vengeance and that the complaint is a false one. It is further stated that at the time of occurrence, the petitioners are working in Alagappapuram Police Station, Karaikudi, Sivagangai District and they are now transferred to some other place.
4.It is stated that the petitioners are facing prejudice and inconvenience. Except, stating that the allegations in the private complaint are false and the complaint was lodged due to personal vengeance, no other legal ground is raised by the petitioners, to quash the private complaint.
5.Truth or otherwise in the allegations, is a matter for evidence and this Court will not decide contentious issues by going into the disputed questions of fact, at this stage. Hence, the Criminal Original Petition is dismissed. However, it is open to the petitioners to raise all their submissions at the time of trial or at the appropriate time. Consequently, the connected miscellaneous petitions are closed.
To
1.The Principal District Munsif cum Judicial Magistrate, Karaikudi.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.