MAHESHWARI Vs. JAYANTHI

JUDGEMENT

(1.) By consent of both sides, the petition has been taken up for final hearing. The Petitioners, who have been arrayed as A.2 to A.8 in C.C. No. 8193 of 2004 pending on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai, have filed the present petition seeking a direction to call for the records in the above case and quash the same.

(2.) The Respondents 1 and 2 who are represented by Power of Agent, initially gave a complaint against one T.M. Boopathy, the father of the Petitioners and against the Petitioners for an alleged offence of forgery and cheating. The complaint was lodged before the learned II M.M, Egmore, Chennai under Section 156(3) Code of Criminal Procedure and on the direction of the learned Magistrate, the case has been registered in Central Crime Branch No. 73 of 2001 for an alleged offence under Sections405 , 467, 474, 420 r/w 120-b IPC. The complaint relates to a property in S. No. 86/13 of Thiruvanmiyur village. It was investigated and a final report was filed stating that there is no offence made out and the case was referred as civil in nature and Referred Charge Sheet notice was also served.

(3.) The Respondent through their power of attorney filed the present private complaint on the same allegations under Sec/190(1) Code of Criminal Procedure Before the learned XI M.M, Saidapet, Chennai and the learned Magistrate has taken the case on file in C.C. No. 8193 of 2004 and has issued summons. Aggrieved by which, the Petitioners shown as A.2 to A.8 are before this Court challenging taking cognizance or issuing process.