1. This is the petition under Section 482 of the Code of Criminal Procedure to quash the prosecution in Special Case No.8 of 2008, on the file of the learned Chief Judicial Magistrate, Madurai.

2. The factual matrix in this case is as follows:

It is the case of the prosecution that the petitioner/accused by name S.Manokaran, was Inspector of Police, attached to the Traffic Wing of Thilagar Thidal Police Station, Madurai, during the relevant period. The complainant in this case is one M.Rajesh. On 30.07.2007, the accused was on duty checking vehicles for violation of Traffic Rules near the Girder bridge in Madurai. The complainant, M.Rajesh, was working as Service Engineer in Star System Computer Sales and Service Centre at Melaponnagaram, Madurai. On 30.07.2007, M.Rajesh purchased some materials for his company at Simmakkal and he was returning in his TVS XL motorcycle bearing Registration No.TN-58-J-6818. While he was proceeding towards the Girder bridge, he was stopped by the accused and was asked to produce his driving licence. The complainant said that he had left the driving licence in the Company, where he was working. At that juncture, the accused issued a police not