Joseph and 16 others vs Papusami Reddiar

S.A. Kader, J.—This is an application to quash the proceedings in C.C. No. 147/83 on the file of the Judicial Second Class Magistrate, Jayankondam, Accused 1 to 17 are the Petitioners.

The Respondent has filed the private complaint in the court of the Judicial Second Class Magistrate, in C.C. No. 147 of 1983 against the Petitioners. The allegation is that on 31st January, 1983, the Petitioners 1 and 2, along with others, were harvesting the crops raised by the Respondent herein and when the Respondent questioned them, they threatened him. It is his further case that at about 10 a.m. on that day he gave a complaint at the Jayankondam Police Station, and on 4th February, 1983 he gave a complaint before the Magistrate. The Magistrate sent it for the police report and that as the police did not make any enquiries, the Respondent was preferring the second private complaint. It is to quash this proceeding the Petitioners have come forward with this petition.

The main contention advanced by the learned Counsel for the Petitioners is that u/s 210 , Code of Criminal Procedure when a case was instituted on a private complaint it is made to appear to the Magistrate that an investigation by the police is in progress in relation to the offence, the Magistrate shall stay the proceedings and call for a report from the police officer. The complaint filed by the Respondent itself shows that a complaint has been given to the police. The complaint further says that a private complaint preferred by him before the Magistrate has been sent to the police. In such a case, the Magistrate ought not to have taken cognizance of the second complaint, but must have called for a report from the police. In Murugesan v. Kothandam 1969 L.W. (Crl.) 268, it has been clearly laid down that where the previous complaint given is sent to the police for a report, the cognizance of the second complaint and the issue of process to the accused will amount to abuse of process. The Magistrate has to call for the report from the police officer who was directed to investigate the case and dispose it of according to law. It is, therefore, clear that the learned Magistrate ought not to have taken on file the second complaint in C.C. No. 147 of 1983. It has, therefore, to be quashed.

In the result, the petition is allowed and the proceedings are quashed.