KAMAMUTTAI ALIAS SHAHUL HAMEED Vs. JAMAL MOHAMMED

JUDGEMENT

(1.) THE petitioner who is the second accused in HRC No. 7 of 2005 on the file of the Human Rights Court-cum-Principal District and Sessions Court, thanjavur, seeks to quash the proceedings pending against him.

(2.) LEARNED counsel for the petitioner submits that the respondent herein has filed the complaint against the petitioner and another accused who is the Sub-inspector of Police for the offence punishable under section 500 IPC read with section 2 of Human Rights Act, 1993. Learned Counsel also submitted that petitioner is not a public servant as defined under Section 2 (m) of Human Rights Act. Learned counsel also placed reliance on the decision reported in santosh Hospital Private Limited Represented by Its Administrative Officer, chennai v. State Human Rights Commission, Tamil Nadu Represented by its Registrar, Chennai and Others.

(3.) LEARNED counsel of the respondent was also heard.