LAWS(MAD)-2003-7-22

KAMALA ANBARASU Vs. STATE

Decided On July 30, 2003
KAMALA ANBARASU Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The Criminal Original Petition No. 23917 of 2003 has been filed under Section 482 of the Code of Criminal Procedure praying to give effect to the orders of this Honourable Court in Crl.O.P.No. 17132 of 2002 and direct fresh investigation in Crime No. 1317/2002 by the respondent. The Criminal Original Petition No. 23918 of 2003 has been filed under Section 482 of the Code of Criminal Procedure praying to call for the records and quash the charge sheet in C.C.No. 3976 of 2002 pending on the file of the IX Metropolitan Magistrate, Saidapet, Chennai-15.

(2.) The case of the petitioner is that she lodged a complaint against one Lalitha, who is claiming to be the second wife of her husband Anbarasu, on 24-10-2001, since the said Lalitha threatened the petitioner and her sons with dire consequences and also tried to hit the petitioner with a stick besides abusing them in filthy language; that on the same day, the said Lalitha also preferred a complaint against the petitioner and her two sons thereby alleging that the petitioner and her two sons attempted to murder her and her children, but because they locked their house door from inside, the petitioner and her sons could not perpetrate the offence but they have broken all the articles in the house; that the respondent police, without even registering the complaint of the petitioner, have proceeded to register the complaint of the said Lalitha alone and have now completed the investigation also and filed the chargesheet in C.C.No. 3976 of 2002 before the Court of IX Metropolitan Magistrate, Saidapet, Chennai as against the petitioner and her two sons for the alleged offences punishable under Sections 448, 427 and 506 (ii) I.P.C.

(3.) The petitioner would further submit that having aggrieved against the inaction of the police, the petitioner moved this Court for a direction for investigation of her complaint dated 24-10-2001 in Crl.O.P.No. 17132 of 2002; that this Court by an order dated 14-02-2003 closed the petition as the prayer in the petition was only to the extent of directing the respondent to register the complaint of the petitioner dated 24-10-2001 and the respondent has also registered the case in compliance of the direction of this Court; that further in the said order it was ordered that " however, since it is the settled law that both the cases in counter have to be tried together so as to find out the real aggressor, this Court further held that all further proceedings in the case registered and charge-sheeted by the respondent police based on the complaint lodged by the said Lalitha as against the petitioner and others in C.C.No. 3976 of 2002 are to be stayed pending a finality of decision taken in the complaint lodged by the petitioner as against the said Lalitha, which is now reported to be registered by the respondent, since both the cases arose during the same course of action as cases in counter, therefore, this Court while disposing of the said Criminal Original Petition No. 17132 of 2002 ordered staying of further proceedings in C.C.No. 3976 of 2002 on the file of the Court of IX Metropolitan Magistrate, Saidapet, Chennai, till such time that a finality of decision is arrived at by the respondent in the complaint of the petitioner dated 24-10-2001, on which later a case came to be registered by the respondent.