SEKAR GOVINDARAJULU NAIDU Vs. STATE

JUDGEMENT

(1.) THE Petitioners have filed these petitions to quash the proceedings relating to the Crime Nos. 878 and 879 of 1996 pending on the file of the Thirupapuliyur Police Station, registered on the basis of the complaints given by the second Respondent in the respective petitions.

(2.) CRIME No. 878 of 1996 relates to the private complaint filed by one Ramanathan, the second Respondent in Crl.O.P. No. 13417 of 1997 and Crime No. 879 of 1996 relates to the private complaint filed by one Pandian, the second Respondent in Crl.O.P. No. 13416 of 1997. Both the private complaints were filed before the Judicial Magistrate No. l, Cuddalore for the offences punishable under Sections 406 ,409, and 420 of the Indian Penal Code.

(3.) HEARD the counsel for the Petitioners and the second Respondent as well as the Government Advocate. Though several grounds were urged by the counsel for the Petitioner, inclusive of the pendency of the Civil case, with reference to the same transaction, I am able to persuade myself to agree with the counsel for the Petitioners to the only one ground that the allegation in the First Information Reports which were registered on the direction of the learned Magistrate, on the basis of the complaints, are not constituting the offences alleged in the First Information Report.