MOHANKUMAR Vs. S MURUGESAN

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C to call for the records pertaining to C.C.No,7 of 2006, pending on the file of the learned Chief Judicial Magistrate Court, Namakkal and quash the proceedings. The petitioner/3rd accused has filed this petition to call for the records pertaining to C.C.No,7 of 2006, pending on the file of the Chief Judicial Magistrate Court, Namakkal and quash the proceedings.

(2.) THE respondent/complainant has filed the H.R.O.P.No,4 of 1998 before the Chief Judicial Magistrate Court, Salem, against three accused, on an alleged offence under Sections 342 and 355 of IPC r/w. 2(d) of Protection of Human Rights Act. Supporting the case, the respondent has filed seven documents. THE ingredients of the complaint was that one Mrs.Rashiya Begum, wife of Mohammed Yusuf lodged a complaint at Belukurichi Police Station, stating that on 17.07.1997, the respondent kidnapped one Mrs.Noorjehan, mother of Rashiya Begum. THE said complaint was registered on the file of Belukurichi police station in Crime No.176 of 1997 on an alleged offence under Section 363 IPC.

(3.) REGARDING this illegal detention, the respondent sent legal notice to the concerned police personnel, and asked them to pay a sum of Rs.5 lakhs as damages and also stated that he would take legal action. Thereafter, the respondent filed the case before the Chief Judicial Magistrate Court, Namakkal. The same was taken by the learned Magistrate on his file as C.C.No. 7 of 2006.