M. SUBBIAH Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition is filed to quash the F.I.R in Crime No.515 of 2019 registered for the offences under Ss. 420, 465, 467, 468 and 471 of I.P.C, alleging that on the very same set of facts, the defacto complainant had already initiated a private complaint under Sec. 200 Cr.P.C and same is pending on being taken cognizance by the learned District Munsif cum Judicial Magistrate at Sriperumbudur in C.C.No.176/2015.

(2.) In the petition it is contended that, suppressing the pendency of the private complaint and without any new facts or material evidence, the complaint dtd. 11/11/2019 to the police is lodged and same has been registered and taken up for investigation in Crime No:515 of 2019. The subsequent complaint to the police for the same set of facts while the private complaint in C.C.No.176 of 2015 is pending amounts to forum shopping.

(3.) It is contended, that in respect of the property admeasuring 3.79 acres at Numbal Village, Poonamallee Taluk, a Civil Suit in O.S.No.131 of 2014 is pending before the learned District Munsif Court, Poonamallee and the Probate petition in the High Court with an attempt to derive title through the Will of one Alamelu Ammal is pending. While so, without title, the defacto complainant is attempting to perfect his title through frivolous prosecutions.