Judgment

Santosh Hegde, J.—This Court while granting leave in this appeal doubted the correctness of the judgment of this Court in the case of T.T. Antony vs. State of Kerala and Ors. 2001(6) SCC 181, hence referred this case to Hon’ble Chief Justice of India for being heard by a larger Bench, in these circumstances this appeal is now before us for final disposal and to consider the correctness of law laid down in the case of T.T. Antony vs. State of Kerala and Ors. (supra).

2. The facts of the case necessary for the disposal of this appeal are as follows:-

In regard to an incident which took place on 20th of May, 1995 at about 1.00 A.M., a complaint was lodged by the 1st respondent herein with the Sikhera Police Station in the village Fahimpur Kalan. In the said complaint appellant herein and some others persons were arrayed as accused. On the basis of the said complaint the police registered a Crime under Sections 452 and 307 IPC against the appellant and other named persons therein in Crime No. 48 of 1995 of that Police Station.

3. Appellant alleges that he too lodged a complaint in regard to the very same offence against the respondents herein for having committed offences puni