Madras High Court
Murugesan vs R.V.Lingam
1
BE F O R E THE MADURAI BE N C H OF MADRA S HIGH COURT
DATE: 1 7. 0 7 . 2 0 1 9
CORAM
THE HONOU RA B L E MR. JU S T I C E V.BHARA T HIDA S A N
Crl.O. P.(MD).No. 7 4 5 5 of 2 0 1 4
and
M.P.(MD).No s . 1 and 2 of 2 0 1 4
1.Murugesan
2.Rajendran
3.Sankar
4.Mariammal
5.Thangapandi ... Petitioners
-Vs-
R.V.Lingam ... Respondent
Pray er : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call
for the records in C.C.No.14 of 2014 on the file of the learned Judicial
Magistrate No.IV, Madurai and quash the same as illegal.
For Petitioners : Mr.J.Lawrance
For Respondent : Mr.J.Sulthan Basha
for M/s. Ajaml Associates
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O R DE R
The petition has been filed seeking to quash the private complaint in
C.C.No.14 of 2014 pending on the file of the learned Judicial Magistrate No.IV,
Madurai.
2. The main grievance of the petitioners is that for the very same
occurrence, the respondent has already filed a police complaint in Crime No.
911 of 2012 before Jaihindpuram Police Station for the offences under Sections
147, 148, 341, 294(b), 324 and 506(ii) of I.P.C. The above complaint has been
enquired into and subsequently, negative final report has been filed closing the
complaint as 'Mistake of Fact' before the learned Judicial Magistrate No.IV,
Madurai and the learned Judicial Magistrate No.IV, Madurai, by an order dated
28.10.2013, accepted the final report and closed the complaint. Thereafter, for
the very same occurrence, the respondent has filed the present private
complaint before the very same Judicial Magistrate and the learned Judicial
Magistrate also taken cognizance of the case and issued process to the
petitioners under the said complaint. Now, to quash the same, the present
criminal original petition has been filed.
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3. Heard the learned counsel on either side and perused the materials
available on record.
4. On perusal of the records, it is seen that for the occurrence said to
have taken place on 03.10.2011, the respondent herein filed a police complaint
for which the F.I.R. has been registered and negative final report has also been
filed before the learned Judicial Magistrate. After accepting the final report, the
learned Judicial Magistrate closed the complaint. Thereafter, on 29.10.2013, the
respondent herein filed a private complaint for the very same occurrence and
the learned Judicial Magistrate also accepted the issue and taken cognizance of
the same and issued process to the petitioners.
5. In the above circumstances, this Court is of the view that the second
complaint for the very same occurrence is not maintainable. Hence, this
criminal original petition is closed. Consequently, the connected Miscellaneous
Petitions are closed.
1 7. 0 7 . 2 0 1 9
Index:Yes/No
Internet:Yes/No
akv
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V.BHARA T HIDA S A N , J .
akv To The Judicial Magistrate No.IV, Madurai.
Crl.O.P.(MD).No. 7 4 5 5 of 2 0 1 41 7. 0 7 . 2 0 1 9 http://www.judis.nic.in