IMPORTANT POINT
Magistrate cannot take cognizance of offence based on private complaint for offences under punishable under Section 177, 182 and 193 IPC.

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 in the said post on 05.01.1995. Later the complainant was promoted to the level of Assistant w.e.f 01.08.1999. Then his post was upgraded to the level of Superintendant w.e.f from 01.08.2008. Thereafter, in order to recognizing his sincerity, hard work and devotion to duty, he was awarded an adhoc monthly special allowance per month and he was conferred with Best Service Award by then Governor of the said Association. While being so, the A3/Vadivel Murugan was taken over as the Chairman of the said Association. Thereafter, the complainant was subjected to all sort of mental pressure joint together with A1 secretary they had planned to lodge a false complaint to the Commissioner of police as if one Mahalingam made a phone call to the A3 and allegedly threatened him and it was further alleged as if the complainant has also joined with him in the said process of threatening calls. Thereby complaint was forwarded to Mambalam Police Station and the case was registered in crime No. 3999 of 2015 under Section 294(b), 506(i) r/w 109 IPC and the complainant was arrested on 19.12.2015. Before the complainant was brought to the Court for remand, he was subjected to all sorts of threatening with dire consequences by A4 and the complainant was forced to opt for VRS at the instigation of A1 to A3. A1 is the close relative of then DGP. Thereafter he was remanded to Central prison for a week due to the nexus betwen the A1 to A3 with police officials the complainant was forcifully implicated in the criminal case. In the meanwhile, the Association held the enquiry for misconduct and terminated the complainant from his service arbitrarily then the final report was filed in C.C No. 6099 of 2016 the Court taken cognizance on receipt of summons this complainant as one of the accused in the above case the petitioner filed the quash petition before this Court in Crl.O.P No. 8715 of 2017 and the same was allowed on 13.03.2018. Since the proceedings was quashed the allegations of final report was falsely fabricated one the complainant preferred the present case against the A1 to A2 for collusion and false evidence knowing the same to be false and those committed offence under Section 177, 182 and 193 of IPC, the Trial Court take cognizance and assigned C.C No. 830 of 2022 under the aforesaid section and another complaint filed by the complainant was assigned as C.C No. 831 of 2021 and summons were issued to A1 to A3 to deal with in accordance with law under Section 211 IPC having laid down false charges against the complainant. Aggrieved the same the petitioners filed these petitions to quash the same.

3.1. The learned counsel for the petitioners submits that the said association was started in the year 1912 having headquarters at New Delhi. The St. John Ambulance(India) is a