- (1.) This Court while granting leave in this appeal doubted the correctness of the judgment of this Court in the case of T.T. Antony v. State of Kerala and Ors. 2001 (6) SCC 181, hence referred this case to Hon'ble Chief Justice of India for being heard by a larger Bench, in these circumstances this appeal is now before us for final disposal and to consider the correctness of law laid down in the case of T.T. Antony v. State of Kerala and Ors. (supra).
(2.) The facts of the case necessary for the disposal of this appeal are as follow :- In regard to an incident which took place on 20th of May, 1995 at about 10.00 AM, a complaint was lodged by the 1st respondent herein with the Sikhera Police Station in the village Fahimpur Kalan. In the said complaint appellant herein and some other persons were arrayed as accused. On the basis of the said complaint the police registered a Crime under Sections 452 and 307 IPC against the appellant and other named persons therein in Crime No. 48 of 1995 of that Police Station.
(3.) Appellant alleges that he too lodged a complaint in regard to the very same offence against the respondents herein for having committed offences punishable under Sections 506 and 307 IPC as against him and his family members but since the said complaint was not entertained by the police concerned, he tried to approach the Superintendent of Police and District Magistrate and having failed in his attempts to get his complaint registered he filed petition under Section 156 (3) of the Criminal Procedure Code before the Judicial Magistrate, Muzaffar-nagar.;