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2022 Supreme(Online)(MAD) 6497

HIGH COURT OF MADRAS
Hon`ble Mr.Justice R.VIJAYAKUMAR
SEENIVASAPERUMAL – Appellant
Versus
SARAVANAKUMAR – Respondent


O R D E R

The defendant is the revision petitioner

2.The above revision petition has been filed to strike off the plaint in O.S.No.226 of 2017 on the file of the Subordinate Court, Theni on the ground that it is an abuse of process of law and there is no cause of action in the plaint for filing the said suit.

3. Though the respondent/plaintiff has been served through Court on 30.12.2017, the respondent has neither appeared in person nor engaged a counsel.

4.The learned counsel for the revision petitioner contended that he was working as a Deputy Superintendent of Police at Bodi, Theni District and he had filed a final report, in which, the plaintiff was shown as accused in Crime No.332 of 2013. However, the respondent/plaintiff was acquitted by the trial Court on the basis of benefit of doubt. Since the plaintiff was acquitted in the criminal proceedings, he has filed the present suit claiming a sum of Rs.1,01,000/- as damages towards malicious prosecution.

5.A perusal of the plaint shows that one Eswaran has lodged a police complaint before Chinnamanur Police Station for the alleged offences under Section 294(b), 506(i) I.P.C r/w Section 3(i)(x) of Prevention of SC & ST Atrocities Act

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