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T. V. THAMILSELVI
B. Sundari – Appellant
Versus
K. AR. Meenaasi Suntar – Respondent
ORDER
The petitions petitions have been filed to quash the C.C.830 and 831 of 2022 on the file of the XVII Metropolitan Magistrate at Saidapet, Chennai.
2. The respondent herein lodged a two complaint before the XVII Metropolitan Magistrate at Saidapet, Chennai, against the petitioners herein and the same taken cognizance in C.C No. 830 & 831 of 2022. Challenging the said C.C No. 830 & 831 of 2022, the accused 1 to 4/petitioners filed these petitions to quash the same.
3. The Brief facts of the case:
The complainant was an employee of St.John’s Ambulance Association, Tamil Nadu,(hereinafter referred to as ‘‘Association’’) on February, 2015 he was tortured by the several means by A3 to give voluntary retirement as he was not obeyed A3 had preferred the complaint A1-Chairman of the said Association, A2-Honorary secretary of the said association, A3-Vice president of the said association, A4- Inspector of Police, and other accused persons A5 and A6 are Sub Inspector of Police. According to the complainant, he was appointed as record clerk in the said Association in the year 1991 and thereafter he was promoted to the post of Junior Assistant w.e.f., 13.01.1994 and he was regularized
Magistrate cannot take cognizance of offence based on private complaint for offences under punishable under Section 177, 182 and 193 IPC.
Prior sanction under Section 197 of Cr.P.C is necessary to prosecute public servants acting in discharge of official duties, and a complaint filed after eight years is barred by limitation.
The main legal point established in the judgment is the interpretation and application of Section 197(1) Cr.P.C, providing protection to public servants from vexatious proceedings, and the court's em....
The court held that the sanction under Section 197 of Cr.P.C. is required for the investigation against police officials. It also found a violation of the guidelines issued by the Supreme Court in Pr....
Prosecution for offences under Section 211 IPC requires a complaint from the concerned Court; police action without such complaint lacks jurisdiction and cannot sustain prosecution.
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