IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.03.2010 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM CRL.O.P.No.9915 of 2007 and M.P.No.1 of 2007 1.Rajendran 2.Palanichamy 3.P.Shanmugasundaram ...Petitioners/Accused -Vs- The Sub-Inspector of Police Gobichettipalayam, Erode District. Crime No.639 of 2006 ...Respondent/Complainant Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for the records pertaining to STC No.2420 of 2006 on the file of the learned Judicial Magistrate I, Gobichettipalayam, Erode District and quash the same. For Petitioners : Mr.A.N.Thambidurai For Respondent : Mr.J.C.Durairaj Government Advocate (Crl.side) ***** O R D E R The petitioners seek to quash proceedings in case pending in STC No.2420 of 2006 on the file of the learned Judicial Magistrate I, Gobichettipalayam, Erode District wherein he stands charged for offences under Section 323 IPC. 2.In the said case, the defacto complainant had informed of injuries suffered by him at the hands of the petitioners on 05.06.2006. The grounds urged in support of the petition is that the defacto complainant had been admitted in the hospital only on 09.06.2006, that the respondent police had been in the hospital and received a complaint from him which has been suppressed and that the complaint in the present case was given on 22.08.2006 as a counterblast to the civil suit filed in O.S.No.256 of 2006 on 28.07.2006 by the wife of the 1st petitioner. It is submitted that there were certain discrepancies between the accident register https://hcservices.ecourts.gov.in/hcservices/ maintained by the hospital and in the complaint viz., that in the accident register, it is informed that the defacto complainant was attacked by reaper wood and hands by known person while in the complaint before the respondent police it was informed that he was attacked by stick. 3.I have the learned Government Advocate (Crl.side) on the submissions made by the learned counsel for the petitioners. 4.It is seen that there is absolutely no material before this Court to accept submissions made of there having been a prior complaint. While so, the other contentions raised would have to be raised in the course of trial and in the form of defence therein. 5.Accordingly, the Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed. 6.The observations herein above are merely towards disposal of the petition pending before this Court and shall not in any manner influence the lower Court. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar gm To 1.The Sub-Inspector of Police, Gobichettipalayam, Erode District. 2. The Judicial Magistrate-I, Gobichettipalayam, Erode District 3.The Public Prosecutor, High Court, Madras. + 1 CC to Mr.A.N.Thambidurai, Advocate Sr 5717 CRL.O.P.No.9915 of 2007 and M.P.No.1 of 2007 KSJ(CO) PKS 13/04/2010 https://hcservices.ecourts.gov.in/hcservices/