This petition is filed to quash the proceedings in C.C.No.80 of 2011 on the file of the Judicial Magistrate No.III, Thirupattur.
2. The respondent/defecto-complainant, had given a complaint on 05.02.2010 against nine accused, viz., M.Shivakumar, M.Murugesan, M.Kumar, M.Ravi, M.Thirumathi, S.Dhanalakshmi, D.Sampath, N.Elayaraja and Dhansekaran. After filing the First Information Report in Crime No.749 of 2010 under Section 324 of I.P.C., the respondent Police has completed the investigation and filed a final report only against three accused, viz., Vanitha, Murugesan and Sampath.
4. Unsatisfied with the above filing of charge sheet, the respondent/defecto-complainant filed a private complaint against 9 accused, including the two accused, by name Murugesan and Sampath, who are A-2 and A-3, and the charge sheet filed in C.C.No.80 of 2011 before the learned Judicial Magistrate No.III, Thirupattur.
5. Challenging the said private complaint, since already in respect of very same occurrence, the respondent/defecto-complainant has given a complaint and a charge sheet was also filed, they have no locus standi to file the private complaint against very same accused along with the other accused.
6. Considering the nature of the case, since the defacto complainant unsatisfied with the charge sheet filed in C.C.No.80 of 2011, in Crime No.749 of 2010, as the charge sheet was filed only against the three accused and filed the private complaint against nine accused, including the two accused, by name Murugesan and Sampath, that cannot be maintained in respect of two accused viz., Murugesan and Sampath and therefore, this Court finds it appropriate to delete the name of the accused petitioner No.2 Murugesan/A-2 and petitioner No.7, sampatath/A-7 and the other petitioners / accused are given liberty to raise all the grounds before the learned Judicial Magistrate-III, Thirupattur in C.C.No.80 of 2011. The trial Court is directed to dispose C.C.No.80 of 2011, within a period of six months from the date of receipt of a copy of this order.
M.V.MURALIDARAN, J.
si/rns
7. Accordingly, the Criminial Original Petition is disposed of.
Consequently, connected miscellaneous petitions are closed.
05.06.2017 Index:Yes/No Internet:Yes/No si/rns To The Judicial Magistrate-III, Vellore Civil Judge(Junior Division), Thirupattur, Vellore Crl.O.P.No.16847 of 2012 and M.P.No.1 of 2012