RATHINAMBAL Vs. STATE

JUDGEMENT

(1.) This petition has been filed to set aside the Docket order passed by the learned Judicial Magistrate, Lalgudi, Trichy District in Cr.M.P.No.952 of 2018 dated 16.03.2018 thereby the private complaint lodged by the second respondent for the offences under Sections 420 , 498(A) , 506 (I) of IPC r/w Section 4 of Dowry Prohibition Act, 1961, has been forwarded to police under Section 156 (3) Cr.P.C ., for investigation and report.

(2.) The learned counsel for the petitioners would submit that the petitioners are the Inspector of Police, All Women Police Stations, Perambalur and Lalgudi. The second respondent lodged a complaint against her husband and the same was registered in Crime No.4 of 2106 for the offences under Sections 420 , 498(A) , 506 (i) of IPC r/w Section 4 of Dowry Prohibition Act, 1961. After completion of investigation, they dropped the action on the FIR based on the report received from the Social Welfare Officer, Trichy, dated 06.04.2017. They also filed referred charge sheet before the learned Additional Mahila Court, Trichy. After serving referred charge sheet to the defacto complainant, no action was taken on the closure report. Hence, the second respondent filed a petition before the learned Judicial Magistrate, Lalgudi, Trichy, under Section 156 (3) Cr.P.C ., for a direction to file final report and the same was allowed by directing the first respondent to register FIR and investigate the same and file final report as early as possible. In this circumstances, the petitioners approached this Court for quash the Docket order dated 13.03.2018 passed by the learned Judicial Magistrate, Lalgudi, Trichy.

(3.) The learned counsel for the second respondent would submit that the second respondent lodged a complaint against her husband and her in-laws and the same has been registered in Crime No.4 of 2016. Due to previous enmity between the petitioners and the second respondent, the petitioners closed the complaint as 'action dropped'. Therefore, she lodged a private complaint before the learned Judicial Magistrate, Lalgudi, Trichy. The learned Magistrate forwarded the said complaint under Section 156 (3) Cr.P.C ., to the file of the first respondent and directed the first respondent to register FIR and investigate the same and file final report. Even then, the first respondent did not register a case as against the petitioners. Therefore, he prayed for dismissal of the quash petition.