M JEEVANANDHAM Vs. BALAJI

JUDGEMENT

(1.) MR. V. Padmanabhan, learned counsel appearing for the petitioner submitted that the petitioner has come forward with this petition seeking the relief of giving suitable directions to the learned Chief Judicial magistrate, Chengalpet, to take the complaint preferred by the petitioner, dated 4-12-2006, on file and to deal with the complaint in accordance with law.

(2.) LEARNED senior counsel for the petitioner vehemently contended that the petitioner is the complainant in a private complaint case preferred before the learned Chief judicial Magistrate, Chengalpet, for the alleged offences under Ss. 149, 166, 167, 294 (b), 323, 342, 352, 355, 465, 471, 506 (i)read with S. 34 of the Indian Penal Code against seven (7) persons and all of them are police officials, namely, the Sub-Inspector of Police, writer and constables for the alleged ill-treatment and other tortures caused to the petitioner herein. Learned senior counsel for the petitioner contended that on the presentation of the complaint the learned Chief Judicial Magistrate, chengalpet simply returned the complaint by making certain endorsement to the effect that the complaint against the accused reveals violation of Human Rights and, therefore, the Human Rights Act, 1993 and making further endorsement to the effect that the petitioner/complainant has to obtain sanction under S. 197 of the Criminal Procedure Code.

(3.) LEARNED senior counsel for the petitioner contended that the allegations contained in the complaint preferred by the petitioner contains certain definite and specific allegations levelled against the accused persons namely the police officials. It is submitted by the learned senior counsel that on a complaint given by one Ashokan, the petitioner, the present complainant in this case, along with his Advocate went to T-14, mangadu Police Station on 13-11-2006 at about 6. 00 p. m. has summoned by the first accused and it is also submitted by the learned senior counsel that the petitioner was subjected to further torture on 14-11-2006, as all the accused dragged the petitioner/complaint from one end to the other end of the room in the Police Station and also abused him in a filthy language and thereafter, they have also taken photographs and finger prints of the petitioner herein. It is also submitted by the learned senior counsel that there are witnesses to the atrocities caused to the petitioner by the accused persons namely the police officials. It is submitted by the learned senior counsel that in view of the above said atrocities, the petitioner constrained to prefer a complaint before the learned Chief Judicial Magistrate, chengalpet and accordingly presented the instant complaint before the learned Chief judicial Magistrate, Chengalpet making specific and definite allegations constituting the offences alleged against the accused persons in this case.