Dear Friends,
Certain rowdy elements with the help of the police forcibly and illegally dispossessed the occupier of a flat by foisting false cases against the residents and arresting them. The various incidents of atrocities by the police and the rowdy elements were spread over a period of 2 days. On the first day, the police took the 2 men in the family to the police station at midnight and arrested them the next day evening and got them remanded. Thereafter, the police and rowdy elements attcked the women in the house the next day and manhandled and arrested one of them. Thus a series of offences have been comitted by the police and rowdies against the different occupantsspread over a period of 2 days.
Since the entire issue was politically motivated, there was no proper response from the police and hence the 3 affected parties jointly filed a private complaint against the accused including the police officers and the magistrate has taken cognizance of the same and issued process. The joint complaint was preferred since the sequence of events were a continuing one and can be narrated only jointly.
One of the Police officers has moved the High Court seeking to quash the complaint on the ground that a joint complaint by 3 persons cannot be filed and that it is not contemplated under Cr.PC. He is also relying on a judgment of the Madras HC upholding the said view.
Please advice wheter there is any other views on the above.
Thanks,
Ramakrishnan, ADV
