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2007 Supreme(Mad) 3079

T.SUDANTHIRAM
Muthusankaralingam – Appellant
Versus
R. Suresh – Respondent


Advocates Appeared:
S. Natesa Raja, for Petitioner. M. Meenal Pandian, for Respondent.
Case referred
1. S. P. Vaithaianathan v. K. Shanmuganathan AIR 1994 SC 1771[Para.12]

Judgment :

1. The petitioner who is the accused in C.C.No. 22 of 2003 on the file of the learned Chief Judicial Magistrate, Madurai, filed against him by the respondent herein for the offences punishable under Sections 454 and 324 I.P.C., seeks to quash the proceedings pending against him.

2. Learned counsel for the petitioner submits that the petitioner is the Inspector of Police and the respondent herein had filed the complaint falsely against the petitioner in order to take vengeance against him since the respondent herein is an accused in C.C.No. 911 of 2003 along with two other accused for offences punishable under Section 341, 387 and 506 (1) I.P.C. which was investigated by the petitioner herein and the respondent was also arrested by him and remanded to judicial custody.

3. Learned counsel for the petitioner submitted that filing the complaint against the petitioner directly before the learned Chief Judicial Magistrate without giving any complaint to the police initially which could have been registered under Section 154 Cr.P.C. and without exhausting the legal remedies available under Section 154 Cr.P.C., and taking congnizance of the said complaint, is not maintainable.

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