High Court can interference with criminal proceedings if there be abuse of process of law.

This Criminal Original Petition has been preferred under Section 482 of the Code of Criminal Procedure, seeking an order to quash the criminal case in C.C.No.1714 of 2005, pending on the file of the learned Judicial Magistrate No.3, Coimbatore.

2. The petitioner herein is accused number 2 in the criminal case taken on file, based on a private complaint given by the respondent herein for alleged offence punishable under Section 347, 357, 392, 441, 447 r/w 120-B of IPC on the file of the aforesaid Judicial Magistrate. The petitioner herein/A2 was Sub-Inspector of Police, attached to Central Crime Branch, Coimbatore, on the date of the complaint. It is not in dispute that the aforesaid case has been registered on the complaint given by the respondent herein. As per the complaint, on 20.07.2005, at about 5 a.m, the petitioner/A2 had gone to the house of the respondent along with A1 and others, entered into the pooja room and forcibly taken the respondent herein, aged about 67 years, suffering from various ailments to the police station in a car, and threatened and obtained his signatures at the police station at the instigation of the co-accused/A1 and thereby, the petitioner herein committed offence, which is not connected with her official duty.

3. According to the petitioner herein, she had registered a case on 16.07.2005 in FIR No.30 of 2005 against the respondent herein for the offence under Section 406 IPC, on the private complaint filed by Velusamy/A1, against the respondent Rangasamy and the same had been forwarded under Section 156 (3) of the Code of Criminal Procedure to the Central Crime Branch, Coimbatore for investigation. According to the petitioner, she enquired both the parties, namely, the respondent and Velusamy/A1 and had compromised the matter. On 20.07.2005, the respondent gave a letter, stating that he had settled the matter with Velusamy/A1, by paying Rs.4,50,000/- (Rupees four lakhs fifty thousand only) and settled the issue on 21.07.2005. According to the petitioner, Velusamy/A1 also gave a letter, stating that he had received the aforesaid Rs.4,50,000/ -(Rupees four lakhs fifty thousand only) from the respondent/complainant and accordingly, final report was filed before the Judicial Magistrate No.VI, Coimbatore and the same was referred as mistake of fact.

4. In this Criminal Original Petition, the legal issued raised by the petitioner is that the criminal case pending before the Judicial Magistrate is not legally sustainable, due to non-compliance of Section 53 of the Tamil Nadu District Police Act, 1859. The second contention is, as per the circular in R.O.C.No.1062/2003/F, dated 22.05.2003, issued by the Registrar General of the High Court, only Chief Judicial Magistrate is empowered to take cognizance on the complaint given against the petitioner, being a police official and dispose the same and therefore, the criminal case, pending before the Judicial Magistrate No.3, Coimbatore, is not legally maintainable.

5. Mr.K.Doraismay, learned Senior Counsel appearing for the respondent submits that one Kandasamy had borrowed a sum of Rs.5,00,000/- (Rupees five lakh only) from the respondent herein and handed over 8 signed cheques, by specifying the amount for future payment, for which Velusamy had given an undertaking to discharge the debt. Out of the aforesaid 8 cheques, two cheques given were subsequently presented for payment, on the due date, but the same were dishonoured by the bank and on account of the same, action under Section 138 of Negotiable Instruments Act has been taken, after issuance of Notice. In the mean time, a criminal complaint was given by Velusamy/A1, against the respondent herein, which was originally rejected by police. Subsequently, A1 gave a private complaint before the Judicial Magistrate No.VI, Coimbatore. The learned Judicial Magistrate No.VI, Coimbatore, forwarded the same to Sub-Inspector of Police, Central Crime Branch. The petitioner/A2, at the instance of A1,