JUDGMENT :

Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., seeking to call for the records related to C.C.No.55 of 2016, on the file of the learned Judicial Magistrate, Mettupalayam and quash the same.

1. The petitioner/accused has filed the present criminal original petition to quash the private complaint filed under Section 200 Cr.P.C. for the alleged offences punishable under Sections 193, 211, 221, 330, 354, 448, 499 and 506(ii) of I.P.C.

2. The case of the respondent/complainant, before the Court below is that, the petitioner/accused Mr.S.S.Lingaraja is the Conservator of Forests in Biligirirangan Temple (BRT) Tiger Reserve, Chamraj Nagar, Karnataka. The respondent/complainant was an agricultural labour in a private firm, in Nilgiris District, and he is also assisting people working for conservation of forest and wildlife by gathering information about the poachers and traders of wild animal parts in and around Sathyamangalam Tiger Reserve (STR) area.

3. During the month of September, 2015, the respondent/complainant, has gathered information that, two persons belonging to Mavanatham village of Sathyamangalam Taluk was in possession of tiger bones and claws and they are trying to sell the same. He immediately passed on the information to one Mr.Jayachandran, a conservationist and an informer to the forest department regarding illegal poaching. Mr.Jayachandran, in turn, passed on the information to the forest department and they requested the respondent/complainant to act as a decoy to lure the poachers to bring the wildlife parts.

4. Then the respondent/complainant approached the poachers and they assured that they will bring the materials to the Karnataka Forest area adjoining Sathyamangalam Tiger Reserve. Then Mr.Jayachandran contacted one Mr.Muthanna of Karnataka State, and requested for his assistance. Mr.Muthanna, in turn, informed the Conservator of Forest, BRT Tiger Reserve and the forest officials also made a plan to arrest the poachers. However, the poachers have changed the venue in the last minute and they came to Hasanur Forest area in STR.

5. When the respondent/complainant and others approached the poachers in the Tamil Nadu Territory, the petitioner/accused and his team entered into STR area, which is situated in Tamil Nadu territory, and on seeing them, the poachers run away from the scene abandoning the materials brought by them. The petitioner/accused and his team deliberately did not take any steps to nab the culprits, however they caught hold of the respondent/complainant and tortured him, and by coercion, ill treatment and physical violence compelling him to give confession implicating Mr.Jayachandran and Mr.Muthanna. The petitioner/accused also forcefully obtained the signature of the respondent/complainant and took him to his native village in Sathyamangalam Taluk, Erode district and vandalised his house situated in Sirumugai village and misbehaved with his wife and molested her in his presence. Thereafter, the petitioner filed a false complaint against the respondent/complainant and produced him before the learned Judicial Magistrate, Chamraj Nagar, Karanataka, in a fake case fabricated by the petitioner/accused, as if the respondent/complainant was found with tiger bones and he also criminally intimidated him not to reveal the truth.

6. In the meantime, the Conservator of Forest, STR, registered a separate case and arrested the poachers in the STR area and recovered the remaining tiger claws and bones from their possession, subsequently the forest officials of STR area written to the petitioner/accused to transfer the case to Tamil Nadu as the occurrence took place in STR area, Tamil Nadu.

7. Alleging that the petitioner/accused committed various offence under the Indian Penal Code as mentioned above, a private complaint has been filed before the learned District Munsif cum Judicial Magistrate, Mettupalayam, wherein, the learned District Munsif cum Judicial Magistrate took