D. RAMA Vs. STATE

JUDGEMENT

(1.) The defacto complainant in Crime No.18 of 2013 is before this Court, by way of a criminal revision case, as against the order passed by the learned Judicial Magistrate No.11, Nagercoil, in Cr.M.P.No.3837 of 2014 in C.C.No.150 of 2013, dated 07.01.2016.

(2.) The petitioner / defacto complainant has lodged a complaint as against her husband and other in-laws before the first respondent / Inspector of Police, All Women Police Station, Nagercoil, on 09.04.2013 and the same was registered in Crime No. 18 of 2013, as against the respondents 2 to 5, for the offence under Sections 498A, 406 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act. The first respondent Police completed the investigation, filed a final report before the learned Judicial Magistrate No.11, Nagercoil, Kanyakumari District, on 28.05.2013, as against the husband /fourth respondent alone, by omitting the other accused, for the offence under Sections 498A, 406, 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act.

(3.) The learned Judicial Magistrate has also taken the final report on file in C.C.No.150 of 2013. Thereafter, the petitioner has filed the petition in Cr.M.P.No.3837 of 2014, by way of a protest petition on the ground that though the complaint was lodged as against her husband and other in-laws / respondents 2 to 5, without putting her on notice, the other accused mentioned in the First Information Report were omitted and the final report has been filed behind her back, as against the fourth respondent alone and sought for further investigation. The learned Magistrate, vide the order impugned, has rejected the plea of the petitioner and therefore, she has preferred the instant criminal revision case.