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2018 Supreme(Mad) 2606

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.V. MURALIDARAN, J.
M. Jeevanandham – Appellant
Versus
Balaji – Respondent
Crl. A. No. 50 of 2010
Decided On : 25-04-2018

Advocates Appeared:
For the Respondent: Mr. T.R. Ravi.

Headnote:

Indian Penal Code, 1860 - Sections 323, 341, 166, 465 and 471A - Criminal Procedure Code, 1973 - Section 200 and 256 - Pursuant to above complaint in crime registered against petitioner he was arrested and thereafter released - At time of arrest 1st respondent/accused and other accused were join together to retain petitioner and produce before learned judicial magistrate - Therefore after releasing from jail complainant consulted his family who is retired senior civil after his examination and after treated him and complainant narrated entire episode at police station and assault by Police - petitioner/complainant further states that due to above act and happenings at would disclose commission of following offences within cognizance of court which is as follows - Forging remand report with false particulars complainant was surrendered before advocate who is witness in this case on contrary first accused forged remand report with false particulars as if complainant was arrested before - Hence first accused had committed offences – Held, This court and honble apex court very categorically held that a false or frivolous complaint would be initiated by any person for defaming name of other opposite parties or accused they should be punished - In case on hand it was alleged by petitioner/complainant that false complaint was registered against this petitioner by creating a bogus complaint by namely and based on case respondents were beaten petitioner/complainant - But onwards till petitioner/complainant has not proved his allegations in private complaint and hence this appeal ought to be dismissed with exemplary compensation of respondents/accused - Therefore I proposed to direct petitioner/complainant for disproving complaint ought to have paid a sum of each to respondents/accused as compensation and also some exemplary cost which will meet ends of justice - This Criminal Appeal is dismissed by confirming order in passed by learned chief judicial magistrate chengalpet - Petitioner/complainant is hereby directed to pay a sum of each respondents by way of compensation to these respondents within a period of two weeks - Petitioner is directed to pay cost of a sum to mediation and conciliation centre high court madras Order Accordingly.

ORDER :

1. The appellant is the complainant and he has filed the private complaint before the learned Chief Judicial Magistrate, Chengalpet on 04.12.2006 for the allegations that the 1st respondent one Mr. Balaji, Sub-Inspector of Police, attached to T-14, Mangadu Police Station, Chengalpet District, has concocted the complaint of one Mr. Ashokan son of Duraiswamy, No. 2/188, Bhajanai Koil Street, Moulivakkam, Chennai-116, has fabricated a false F.I.R. for the offences under Sections 323 and 341 of I.P.C. and registered a case against the this petitioner, who is a complainant in Crime No. 672 of 2006, on the file of T-14 Mangadu Police Station.

2. Pursuant to the above complaint in Crime No. 672 of 2006, registered against the petitioner, he was arrested on 13.04.2006 and thereafter released on 15.11.2006.

3. At the time of arrest, the 1st respondent/accused and other accused were join together to retain the petitioner and produce before the learned Judicial Magistrate, Tambaram, on 14.11.2006. Therefore, after releasing from the jail on 15.11.2006, the complainant consulted his family Doctor K. Mahadevan, who is retired Senior Civil Surgeon and after his examination and after treated him and the complainant narrated the entire episode at the Police Station and the assault by the Police.

4. The petitioner/complainant further states that due to the above act and happenings at T-14 Mangadu Police Station between 06.00 p.m. on 13.11.2006 and 01.15 pm on 14.11.2006 would disclose the commission of the following offences within the cognizance of the Court, which is as follows:

“(a) Forging the remand report with false particulars the complainant was surrendered before the T.14 Mangadu Police Station on 13.11.2006 at 6 p.m. by Mr. Davis Elangovan, Advocate who is witness in this case, on the contrary, the first accused forged the remand report with false particulars as if the complainant was arrested before Mallika Theare, Mangadu at about 7 a.m. on 14.11.2006. Hence the first accused had committed offences under Section 465 and 471A IPC.

(b) Assaulting the complainant indiscriminately in the police station and also dragging the complainant from one end to another shackled in leading chains. The above act and treatment would invite action for offences under Section 323 IPC against all the accused.

(c) All the accused, who are public servants have disobeyed the law with intent to cause injury to the complainant inviting action for offence under Section 166 I.P.C. besides.

(d) All accused have committed offences u/s. 294(b) I.P.C. as they employed obscene languages against the complainant by shouting.

(e) All accused also intimidated the complainant by threatening with injury to his reputation and person and thereby committed offences u/s. 506(i) I.P.C.

(f) Besides for using criminal force against the complainant otherwise than on grave provocation, the accused have committed offence punishable u/s 352 I.P.C.

(g) Similarly, assault and criminal force employed against complainant by the accused, dishonouring the complainant and on this score the accused have committed offences punishable u/s. 355 I.P.C.”

5. Therefore, in the above circumstances, the petitioner/complainant has approached the learned Chief Judicial Magistrate, Chengalpet and filed a complaint in C.C. No. 141 of 2007, under Section 200 Cr.P.C., against all the respondents by shown as accused.

6. After taking cognizance in the complaint, the learned Chief Judicial Magistrate has issued summons to these respondents/accused for their appearance and accordingly they were regularly appeared before the said Court. But the petitioner who is the complainant or his counsel were not appeared before the learned Chief Judicial Magistrate, Chengalpet.

7. After several hearings, finally on 12.11.2007 the said complaint in C.C. No. 141 of 2007 is heard, but there was no appearance by the petitioner/complainant or his Advocate whereas, these respondents, who are all accused 1 to 6 were appeared before
















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