KANDASAMY Vs. H SAVITHIRI

JUDGEMENT

(1.) This Criminal Original Petition is filed to call for the records in C.C.No.258 of 2002 dated 26.03.2002 on the file of the Judicial Magistrate Court, Alandur and quash the same.

(2.) The petitioners, who are the accused in a private complaint filed by the respondent for the offences under Sections 420, 477, 477(A), 409, 408, 406 r/w 120(B) of the Indian Penal Code have filed the above quash petition to quash the proceedings against them in C.C.No.258 of 2002, which is pending trial on the file of the Judicial Magistrate Court, Alandur.

(3.) The contention of the learned counsel for the petitioners is that the Magistrate had failed to see that the very same complainant had filed a complaint for the same offences, which was taken on file in C.C.No.71 of 2002, thereafter, the Magistrate passed an order under Section 156 (3) of the Code of Criminal Procedure directing the Police to enquire into the matter. Based on which, the Inspector of Police, C2-Palavanthangal Police Station registered the First Information Report in Crime No.439 of 2001 for the offences under Sections 420, 477, 477 (A), 409, 408, 406 r/w 120 (B) of the Indian Penal Code against the petitioners and took up the investigation and enquired the respondent and her husband and other witnesses. Thereafter, on completion of investigation, the Inspector of Police, Palavanthangal Police Station had filed a Final report stating that the offence is Civil in nature. Based on the Final report the learned Magistrate closed the FIR as "Action dropped" and refer case notice was served to the respondent.