This criminal original petition has been filed under Section 482 of Cr.P.C., seeking to quash the private complaint in C.C.No.6 of 2010 on the file of the Chief Judicial Magistrate, Kumbakonam as against the petitioner.
2.It is averred in the petition that the petitioner is an Inspector of Police, Pandhanallur Police Station and a complaint was lodged with the police by the respondent herein as against one Selvaraj and others regarding land dispute. A case was registered in crime No.197 of 2009 in Pandhanallur Police Station and the petitioner as Inspector of Police, investigated the case and after investigation, referred the case as ?Mistake of Fact?. Aggrieved by the above said final report filed by the petitioner, the respondent preferred a private complaint arraying the petitioner as 11th accused. In the complaint, it is alleged that the petitioner had acted with malafide intention so as to support the accused in that case. As per the averments made in the complaint, no offence is made out either under
Section 166 or 217 of I.P.C. and therefore, the proceedings as against the petitioner are liable to be quashed.
3.The learned counsel for the petitioner contends that there is absolutely no materials to primafacie make out the case as against the petitioner and therefore, the proceedings as against him are liable to be quashed.
4.Though notice was served on the respondent, he has not made his appearance.
5.This Court perused the complaint preferred by the respondent and also all the papers filed along with the petition.
6.The respondent filed a complaint before the Pandhanallur police station and the case was registered in crime No.197 of 2009 for the offences under
Section 147,148,294(b) and
506(2) of I.P.C. The petitioner being Inspector of Police took up the investigation of the case and laid final report referring the case as 'Mistake of Fact'. Thereafter, the respondent filed a private complaint before the Judicial Magistrate.
7.In that private complaint in para Nos.11 and 12, he alleges that the petitioner, with a malafide intention supported the accused in that case and laid final report without doing his lawful duty. The averments does not say how the petitioiner disobeyed the law. A cursory perusal of the complaint does not prima facie make out a case for the offence under
Sections 166 and
217 of I.P.C. as alleged by the respondent. The private complaint with the above allegations as against the petitioner is nothing but an abuse of process of Court and the private complaint as against the petitioner is liable to be quashed.
8.In the result, this criminal original petition is allowed and the proceedings in C.c.No.6 of 2010 on the file of the Chief Judicial Magistrate, Kumbakonam are quashed as against the petitioner alone. Consequently, connected miscellaneous petitions are closed.
To
1.The Chief Judicial Magistrate, Kumbakonam .