The main legal point established in the judgment is that the filing of a private complaint can be considered an abuse of process of law, especially when it is maliciously instituted to seek vengeance against public servants discharging their official duty.

JUDGMENT

(Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records pertaining to STC No.636 of 2018 on the file of the learned Judicial Magistrate, Ariyalur and quash the same.)

1. This petition is filed to call for the entire records pertaining to STC No.636 of 2018 on the file of the learned Judicial Magistrate, Ariyalur and to quash the same.

2. The respondent herein is the complainant in the private complaint STC No.636 of 2018, on the file of the learned Judicial Magistrate, Ariyalur.

3. The petitioners are the Inspector of Police and Sub Inspector of Police, respectively in Senthurai Police Station and they have been arrayed as A1 and A2 in the said STC.

4. The respondent has filed a private complaint against the petitioners herein alleging that they committed offence under Sections 294(b), 323 and 506(II) IPC. The complaint was filed before the learned Judicial Magistrate, Ariyalur on 06.06.2018 and it was taken on file in STC No.636 of 2018.

5. The learned Judicial Magistrate, on considering the allegations and materials available on record under Section 203 of Cr.P.C., has taken the complaint for alleged offence under Sections 294(b), 323 and 506(I) IPC only.

6. As per the averment in the private complaint filed by the respondent/complainant, when the 1st petitioner was working as Inspector of Police, Senthurai Police Station, on 31.05.2018 there was a dispute between the complainant and one Mahalingam and the said Mahalingam assaulted the complainant and he was admitted in the hospital. According to the complainant, the Inspector of Police filed a false case against him and seven others. The A2 therein was remanded to the judicial custody and other six persons obtained anticipatory bail from the concerned Court. The Inspector of Police, Senthurai Police station, refused to receive the statement from the complainant and hence, he had sent the complaint through registered post. The respondent preferred complaint before the learned Judicial Magistrate, Ariyalur for the offence under Sections 294(b), 323 and 506(i) of IPC and the learned Judicial Magistrate, Ariyalur ordered notice to the petitioners herein. Hence, the above Criminal Original Petition is filed for quashment of the above said private complaint in STC No.636 of 2018.

7. Heard the learned counsel for the petitioners and there was no representation for the respondent though served.

8. The learned counsel for the petitioners would contend that at the time of dispute, the respondent's cattles were missing from his house and his cattles were found in Mariamman Temple and when the respondent has filed a complaint before the concerned Police Station, the 1st petitioner/A1 assaulted the complainant.

9. A perusal of the copy of the private complaint filed by the respondent herein in the said STC No.636 of 2018 by the Suriya Narayanan/respondent and the typed set of papers regarding the evidence of LW1-Suriyanarayana, W2-Manivasagan, W3-Tamil Tendral and W4- Poongal, in the said Crl.M.P.No.1461 of 2018 filed before the learned Judicial Magistrate No.II, Ariyalur, it appears that after perusing the said statement, the learned Magistrate has taken cognizance of the case and numbered the same as STC and issued summons to the petitioners/accused.

10. As per the uncontroverted allegations made in the private complaint, the petitioners herein are men in uniform working as Inspector of Police and Sub Inspector of Police and they are discharging their duty and it appears that they do not possess any personal interest for the above issue. In connection with Crime No.179 of 2018, the respondent and others have been taken to custody in discharge of their official duty, wherein the respondentprivate complainant and his father and mother were arrayed as accused. Furthermore, it is alleged in the complaint that at the time of the dispute the respondent's cattle were missing from his house and subsequently found in Mariamman temple. At tha