LAWS(MAD)-2009-7-187

B GEETHA Vs. STATE

Decided On July 06, 2009
B. GEETHA Appellant
V/S
STATE BY INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PERAVALLORE Respondents

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to call for the records in CC.No,6538/2006 on the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai pending disposal against the Petitioners (A3 to A6) Judicial Magistrate I, Coimbatore and quash the same. The Petitioners are arrayed as A3 to A6 in CC.No,6538/2006 on the file of the Chief Metropolitan Magistrate, Egmore.

(2.) THE 2nd Respondent has filed the private complaint before the V Metropolitan Magistrate, which was referred to the 1st Respondent Police under Section 156(3) for investigation and report. THEreafter, the above complaint was registered in Cr.No,2/2006 and was investigated by the 1st Respondent Police and after investigation filed a report under Section 498A and 406 of IPC read with Sections 4 an 6 of the Dowry Prohibition Act. THEreupon the above case was taken on file by the Chief Metropolitan Magistrate in CC.No,6538/2006 and summons were issued to all the accused for their appearance.

(3.) ACCORDING to the Petitioners, the allegations made in the complaint do not make out any offence as against them, as they are vague and uncertain and bereft of vital particulars and if the proceedings are allowed to be continued as against them, it will be only an abuse of process of law. Further, the said complaint has been filed only as a counter blast to the divorce petition filed by the 1st accused/husband of the 2nd Respondent in Family Court in OP.No,774/2006.