made in complaint case No.1090 of 2010 are all false. The Additional Chief Judicial Magistrate, vide order dated 18.08.2011, dismissed the Compliant Case No.26528 of 2009 filed by the brother of second respondent therein. The second respondent therein filed another complaint case No.628 of 2011 on 31.05.2011 under Sections 403 and 406 IPC. Taking into consideration of the aforesaid facts, the Hon’ble Supreme Court has held that the proceedings must be labelled as nothing more than an abuse of process of Court, particularly in view of the fact that, with respect to enact the same subject matter, various complaint cases already been filed by the second respondent and his brother which were all dismissed on merits after the examination of witnesses. In such a fact situation, the Hon’ble Supreme Court has quashed the complaint case No.628 of 2011 as not maintainable. Where as in this case, no such orders were passed by any of the Courts. According to the petitioners, already on 05.09.2011, a similar complaint was filed by the second respondent before the Superintendent of Police, at Kancheepuram and the same was rejected by the police on the ground that the case is Civil in nature. But the petitioners have not produced any copy of the order passed by the Superintendent of Police. Further even assuming that the previous complaint was rejected by the police, that will not prevent the second respondent from filing second complaint before the police. Therefore, the aforesaid said decision will not apply to the facts of this case.
