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1994 Supreme(Mad) 426

PRATAP SINGH
K. R. Vittal Raman, Inspector of Police, Ayyanavaram Police Station, Madras and another – Appellant
Versus
K. Mathews – Respondent


Advocates:
S. Ananthanarayanan, for Petitioners. Major K. Mathews, Party-in-Person.

Judgment :

The accused in C.C.No. 8338 of 1992 on the file of V Metropolitan Magistrate, Egmore, Madras; have filed this petition under Sec.482, Crl.P.C. praying to call for the records in the above case and quash the same.

2. Short facts are: The respondent has filed the private complaint against the petitioners for offences punishable under Secs. 166, 219, 229, 342, 357, 384 and 500 read with 34, I.P.C. The allegations in it are briefly as follows: The complainant is owning properties worth few lakhs of rupees. He is holding position in many public bodies. He was a Commissioned Officer in the army. He is also a member of number of the International Social Organisations. On 9. 1992, at about 11.30 hours, he was informed over phone by his nephew K.O.George, a Central Government Employee that he was assaulted by three persons, two of them co-tenants and a son of the landlord at about 9.30 hours. The problem arose on account of the attempt of the landlord to forcibly evict his nephew due to his refusal to pay increase in rent. The complainant contacted the control room and gave message. Oil that day, at 9.45 p.m. the complainant received message from his nephew’s wife that when they w














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