GOVINDAN Vs. SOUNDARAJAN

JUDGEMENT

(1.) This Criminal Original Petition has been filed under Section 482 Cr.P.C., to call for the records in C.C.No.126 of 2010 on the Judicial Magistrate's Court, Tirukoilur and quash the same.

(2.) The short facts of this case is that the present quash petition has been filed against the Private complaint filed under Section 200 Cr.P.C by the respondent against the petitioner for the alleged offence under Section 341,294(b),323,324 and 506(ii) I.P.C. Due to cruelty committed by the respondent on the second petitioner, she had filed Divorce petition against the respondent in O.P.No.1 of 2004 and the learned District Session Judge, Villupuram was pleased dissolve the marriage between the respondent and the second petitioner by its Judgment dated 22.06.2005. Thereafter, the petitioners are living together as husband and wife and due to said enmity on 28.04.2007 at night 12.30 when the first petitioner was in house and there was a noise at the front door when the first petitioner opened the door he was brutally assaulted with a knife by the respondent and ran away and the first petitioner was admitted as inpatient at Government Hospital Tirukoliur for treatment and from there he was taken to Jipmer Hospital on 2.5.2007 for further treatment. And the first petitioner complaint taken on file in Crime No.174 of 2007 and charge sheet filed against the respondent in C.C.No.287 of 2010 for the offence under Section 326 and 324 IPC and on the other hand the respondent had given false counter complaint against the petitioners with intention to create defence and to escape from the offence committed by him.

(3.) The learned counsel for the petitioners based on the above facts have submitted that there is no material evidence to take the complaint on file. The complaint has been taken on file mechanically and automatically without following procedure contemplated under provision of Cr.P.C. On the earlier occasion for the same alleged offence, the previous complaint was forwarded by the learned Judicial Magistrate, Tirukoilur to the Sub-Inspector of Police, Manalurpettai Police Station with direction for an investigation and report and the Sub-Inspector of Police registered the said complaint in Crime No.137 of 2007 and after investigation and closed the complaint as mistake of fact.