D.Rani v. State Of Tamilnadu Rep Byh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2017

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.No.595 of 2011 D.Rani W/o.Late Durairaj ... Petitioner vs 1.State of Tamil Nadu represented by The Inspector of Police [L&O] H-5 Police Station, Tondiarpet, Chennai.

2.Ravikumar David 3.Pal Sundar Singh 4.Selvaraj @ Dada Selvaraj 5.Govindaraj 6.Prince 7.Milton ... Respondents Criminal Revision filed under section 397 r/w 401 of the Code of Criminal Procedure, against the order in unnumbered Crl.M.P.No.... of 2011 on the file of learned XV Metropolitan Magistrate, George Town, Chennai, and direct the first respondent to register a FIR on the basis of the petitioner's complaint dated 18.06.2010.

For Petitioner : Mr.R.Sasikumar For Respondents: Mr.V.Arul Additional Public Prosecutor [R1] Mr.L.Baskaran [R2 to R7] *****

ORDER

This revision arises against the order in unnumbered Crl.M.P.No.... of 2011 on the file of learned XV Metropolitan Magistrate, George Town, Chennai, and direct the first respondent to register a FIR on the basis of the petitioner's complaint dated 18.06.2010.

2. Heard learned counsel for petitioner, learned Additional Public Prosecutor for first respondent and learned counsel for respondents 2 to 7.

3. Adjournment is sought on behalf of petitioner. Learned counsel for respondents 2 to 7 informs that petitioner has been merely protracting proceedings. On perusal of the order sheet, this Court finds that such objection is well-founded. Petitioner has moved Crl.O.P.No.16393 of 2010 and finding that no case was made out for further investigation in case registered in Crime No.37 of 2010 on the file of first respondent, this Court had dismissed such petition. The order of Court below, which is under challenge, reads thus:

'The enquiry report of the Inspector of Police is received and perused. Case preferred by mother of the victim Tmt.Rani u/s.156(3) Cr.P.C. On perusal of original case u/s.174 Cr.P.C. was registered and ended as "Suicide case". But the petitioner herein agitated in so many forums and finally before Hon'ble High Court in Crl.O.P.No.16393/2010 and asked for further investigation. It was dismissed with elaborate order of the Hon'ble High Court. But suppressing filing of the Crl.O.P. before the Hon'ble High Court, this petitioner filed this application before this court u/s.156(3) Cr.P.C. is a clear abuse of process of law. Accordingly with a warning, this petition is closed.' Finding no merits, the Criminal Revision Case shall stand dismissed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gm

To 1.The XV Metropolitan Magistrate, George Town, Chennai.

2.The Inspector of Police [L&O] H-5 Police Station, Tondiarpet, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Sasikumar Advocate sr 66566 +1 cc to Mr.L.Baskaran Advocate sr 66405 Crl.R.C.No.595 of 2011 aa31/10/2017