PAVANASAM Vs. T. PARTHASARATHY AND OTHERS

JUDGEMENT

(1.) THIS Petition has been filed to canvass the correctness of the dismissal of the Petitioner's complaint as premature by the Judicial I Class Magistrate No. 1, Tirunelveli as confirmed by the Additional Sessions Judge, Tirunelveli.

(2.) RESPONDENTS 1 and 2 are Police Officers while the 3rd Respondent is an agriculturist. Originally in the year 1972 the 3rd Respondent had preferred a complaint against one Sudalaimuthu, the uncle of the Petitioner and a Sub Inspector of Police for an offence of theft of sheep. The complaint was eventually dismissed for default under Section 204(3), Code of Criminal Procedure, (hereinafter called as the Code) on 15th April 1972. After waiting for a period of two years the 3rd Respondent preferred a fresh report for theft of sheep against Sudalaimuthu, his son and the present Petitioner in the year 1974. In connection with that complaint the Petitioner is said to have been arrested and placed in custody. While in custody Respondents 1 and 2 are said to have removed about 14 sheep belonging to him and handed them over to the 3rd Respondent after obtaining directions from court in that behalf. It is against that action of Respondent 1 to 3, the Petitioner came forward with the private complaint which was dismissed as premature. The contention of the Petitioner was that he had nothing to do with the theft of sheep belonging to the 3rd Respondent and as such the Respondents had no right whatever to forcibly remove his sheep and treat them at the stolen sheep of the 3rd Respondent.

(3.) MR . I. Subramanian, learned Counsel for the Petitioner canvassed the claims of the Petitioner on merits as well as on a question of Jaw. Mr. G. Krishnan, learned Counsel for the Respondents opposed this petition mainly on the ground that a second revision cannot be preferred by the Petitioner in view of the inhibition contained in Sections 397(3) and 397(2) of the Code. For a proper appreciation of the controversy it is necessary to make reference to Sections 397 and 399 of the Code.