SENTHIL KUMAR Vs. N BHARATHI MOHAN

JUDGEMENT

(1.) This petition filed under Section 482 Cr.P.C., is to quash P.R.C.No.136 of 2010, on the file of the Judicial Magistrate Court, Tambaram. The said case was taken on file based upon a complaint filed by the respondent herein under Section 200 Cr.P.C. for offences under Section 341, 324, 326 & 307 IPC read with Sections 34 and 109 IPC.

(2.) The petitioners are the accused 1 to 4 in the said case. According to the petitioners, the second petitioner and the father of the defacto complainant were running a financial company jointly as partners and at the time, the second petitioner was residing with his wife in the first floor of the defacto complainant's house for rent. It is stated that the second petitioner had to leave his native place, as his mother-in-law was ailing and his wife had handed over the gold ornaments to the respondent to keep them in safe custody till they come back. The allegation is that when they returned and asked for the jewells, evasive reply was given. Again a demand was made and it is alleged that the respondent's father made certain allegations. It is further stated that on account of the defamatory words used by the father of the defacto complainant, the second petitioner's wife committed suicide and hence, the second petitioner gave a complaint against the defacto complainant and his father and the same has been registered in Crime No.469 of 2001, for alleged offences under Section 406 and 306 IPC. Thereafter, the case was committed to the Court of Sessions by Judicial Magistrate, Tambaram in PRC.No.38 of 2003, and the Principal Sessions Judge, Chengalpet, took up the case on file as S.C.No.602 of 2005. While the case was pending trial, the father of the defacto complainant gave a complaint before the Sankar Nagar Police Station against the petitioners herein stating that they had caused grievous injuries to the defacto complainant. Based on the same, a case was registered in Crime No.162 of 2008, under Sections 341, 324 and 307 IPC. The Investigating Officer on investigation came to the conclusion that the second petitioner is not involved in the alleged occurrence and excluded him from the case by removing the offence under Section 307 and file an alteration report. Thereafter, the case was charge sheeted against the petitioners 1, 3 & 4 under Sections 341, 325 and 109 IPC and the same is pending trial as C.C.No.446 of 2008, on the file of the Judicial Magistrate Court at Tambaram.

(3.) It is further stated by the petitioner that the final report of the case in C.C.No.446 of 2008, Police have listed 11 witnesses and five official witnesses. The grievance of the petitioner is that while the matter was pending before the Court in respect of the same occurrence and in respect of the same subject matter of C.C.No.446 of 2008, the respondent/defacto complainant filed a private complaint under Section 200 Cr.P.C., for offences under Sections 341, 324, 326 and 307 IPC read with Section 34 and 109 IPC. It is further stated that without considering the facts, the learned Judicial Magistrate has taken the complaint on file and numbered it as PRC.No.136 of 2010 and issued summons to the petitioners/accused. The present petition has been filed to quash the said case in PRC No.136 of 2010.