SENTHIL KUMAR Vs. S. PALANI KUMAR

JUDGEMENT

(1.) The petitioner has filed this Criminal Original Petition to call for the records relating to P.R.C.No. 14 of 2010, on the file of the learned Judicial Magistrate, Dharapuram.

(2.) The case of the petitioner is that the above Private Complaint in P.R.C. No. 14 of 2010, on the file of the learned Judicial Magistrate, Dharapuram filed by the respondent is an abuse of process of law and the same is not maintainable under Criminal Law. Therefore invoking the inherent power of this Court under section 482 of Crimial P.C. 1973 the petitioner has come up with the present Criminal Original Petition seeking to quash the above private complaint in P.R.C. No. 14 of 2010 pending against him.

(3.) The brief facts necessary for the disposal of this Criminal Original Petition runs as follows that the petitioner herein is accused by the respondent namely S.Palanikumar in the above private complaint for having committed the alleged offences under Sections 120(B), 148, 149, 450, 325, 307 r/w 34 of IPC. According to the respondent/complainant, he was acid attacked by the petitioner and some others on 11.12.2007 at about 5.00 A.M and thereby have involved in the offences stated above. Thereupon a complaint dated 11.12.2007 lodged by the respondent before the Inspector of Police, Dharapuram and a F.I.R. in Crime No. 910 of 2007 dated 11.12.2007 came to be registered against the petitioner and one another under Sections 452, 326 and 506 (ii) of IPC.