Mathan Kumar vs. The Inspector of Police, Kalugumalai Police Station and another

Mathan Kumar vs. The Inspector of Police,  Kalugumalai Police Station and another 

The Madurai Bench of the Madras High Court on December 18, 2024, in the case Crl.O.P.(MD) No.16975 of 2023. Here's a summary:

Summary:

1. Case Overview: The petitioner, Mathan Kumar, sought to quash the criminal proceedings in S.T.C. No. 83 of 2023 pending before the Judicial Magistrate Court No.I, Kovilpatti. The case involved allegations of defamatory Facebook posts and physical assault stemming from a land dispute.

2. Background:

   • The petitioner allegedly posted defamatory content about the second respondent, a Panchayat President, on Facebook.
   • This was followed by a physical altercation where the petitioner was accused of abusing and threatening the second respondent.

3. Counter-Case:

   • The petitioner had also filed a complaint against the second respondent and others for a related incident, leading to another criminal case (Crime No. 142 of 2023).

4. Key Issue:

   • Two separate investigation officers conducted independent investigations for the original case and the counter-case, resulting in final reports for both.

5. Court's Decision:

   • The court cited the judgment in T. Balaji v. The State, reported in 2024-2-L.W.(Crl.)175, which mandates that the same investigation officer must handle both the case and the counter-case to identify the real aggressor.
   • The court found the use of separate investigators for the cases to be a procedural violation and deemed the resulting police reports illegal.

6. Outcome:

• The proceedings in S.T.C. Nos. 83 of 2023 and 478 of 2024 were quashed.
• The petition was allowed, and the connected miscellaneous petition was closed.

• Judgment: