Tmt. Sasi v. R.Natarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN & Crl.M.P.No.14349 of 2023 & Crl.M.P.Nos.7847 & 7848 of 2024 Crl.O.P.No.20918 of 2023

1. Tmt.Sasi.

2. Jayaraman.

... Petitioners /versus/ R.Natarajan.

... Respondent Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records and quash the complaint in PRC No.28 of 2023 on the file of Trial Court/Judicial Magistrate-II, Chengalpattu and pass orders. For Petitioners : Mr.S.Kousik For Respondent : Mr.D.Padmanabhan Crl.O.P.No.12667 of 2024 1.N.Sankar.

2.R.Natarajan.

3.N.Senthil.

... Petitioners/Accused No.1 to 3 /versus/ 1/6

1. The State Rep. by, The Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.

(Crime No.128 of 2022).

... Respondent/Complainant

2. Sasi.

... Respondent/Defacto Complainant Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records in C.C.No.527 of 2022 on the file of the Additional Mahila Court, Chengalpattu District and quash the same. For Petitioners : Mr.D.Padmanabhan For R1 : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side) For R2 : Mr.S.Kousik C O M M O N O R D E R On 01.03.2022, the Revenue Officials along with the local body staff had inspected the residences of Vallam Village, Chengalpattu District on the complaint that illegal tapping of water from the Public Water Distribution System been done by many of the residence. In the course of inspection found that about 100 motor connections were illegally given to the pipelines and water drawn and stored in the underground sump or in sintex Tank. In the residence of Natarajan, three such illegal connections were found and same was 2/6

disconnected. It appears that, at that time, the said Natarajan has prevented the Government Officials from carrying out their duty and the complaint by the Block Development Officer to the jurisdictional police in writing been given but no action taken. In continuation of this event quarrel arose between Natarajan family and Sasi family. Presumably, Natarajan has thought that the inspection done based on the complaint initiated by family members of Sasi. The quarrel has led to registering a complaint against Natarajan and his two sons Sankar and Senthil. The police has registered a case in Crime No.128 of 2022 on 03.02.2022 for the offences under Section 294(b), 323, 506(1) of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002.

2. On completion of investigation final report filed before the Additional Mahila Court, Chengalpattu and same taken on file in C.C.No.527 of 2022. Meanwhile, Natarajan after failed in his attempt to get his complaint registered by the police, has filed a complaint to the Judicial Magistrate under Section 200 of Cr.P.C and same has been taken on file as P.R.C.No.28 of 2023 by the Judicial Magistrate-II, Chengalpattu. On receipt of the summons, the accused in the said private complaint, namely, Sasi and her husband Jayaraman filed petition to quash the private complaint. Natarajan, in turn has filed quash petition to interfere in the C.C.No.527 of 2022 pending on the file of Additional 3/6

Mahila Court, Chengalpattu.

3. The Learned Government Advocate (Crl.Side) for the respondent submitted that the quarrel between the family members of Natarajan and Sasi being brought to the notice of the jurisdictional Police and having found that the Natarajan is the aggressor, who has gone to the house of Sasi and picked quarrel and police has registered case in Crime No.128 of 2022 proceeded with investigation and filed final report which is now taken on file by the Additional Mahila Court, Chengalpattu in C.C.No.527 of 2022. Since the complaint given by Natarajan was found to be exonerated, no action was taken by the police. It is also stated by the Learned Government Advocate (Crl.Side) that Block Development Officer had given a complaint against Natarajan alleging that he prevented the public servant from discharging their duty and that complaint in writing also found not worth to proceed and therefore, the complaint was closed.

4. Considering the fact, this Court finds that for the same transaction occurred on 01.03.2022, the complaint by Sasi been investigated by the Police and final report filed. Whereas, a private complaint by the Natarajan also been taken on file and summons issued to the named accused. Being a case 4/6

and case in counter, it is appropriate both the matter has to be heard and decided by the same Judge. Since the case on police report is now pending on the file of Additional Mahila Court, Chengalpattu District in C.C.No.527 of 2022, it is appropriate the private complaint initiated under Section 200 of Cr.P.C., by Natarjan also get transferred to Additional Mahila Court, Chengalpattu District for simultaneous trial.

5. With these observations, these Criminal Original Petitions are disposed of. Consequently, connected Miscellaneous Petitions are closed. 05.08.2024 Index : Yes/No.

: Yes/No.

bsm Copy to:-

1. The Additional Mahila Court, Chengalpattu District.

2. The Judicial Magistrate-II, Chengalpattu.

3. The Public Prosecutor, High Court, Madras. 5/6

Dr.G.JAYACHANDRAN,J.

bsm 05.08.2024 6/6