Asaithambi v. R.Rajeshkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.OP No.16771 of 2011 & M.P.No.1 of 2011 Asaithambi ..Petitioner Vs R.Rajeshkumar .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.16 of 2011 on the file of Judicial Magistrate II, Nagapattinam and quash the same.

For Petitioner : Ms.S.T.P.Kuilmozhi For Respondent : Mr.M.Balasubramanian

O R D E R

This petition has been filed to call for the records in C.C.No.16 of 2011 on the file of Judicial Magistrate II, Nagapattinam and quash the same.

2. Heard Ms.S.T.P.Kuilmozhi, learned counsel appearing for the petitioner and Mr.M.Balasubramanian, learned counsel appearing for the respondent.

3. It is seen that the respondent had given a private complaint against the petitioner and four others before the learned Judicial Magistrate II, Nagapattinam for the alleged offences under Sections 120 B, 406, 407, 411 and 420 read with 34 IPC. However, after seeing the sworn statement, the learned Judicial Magistrate has taken cognizance only against the petitioner for the offence under Section 420 IPC alone. Aggrieved by that order, the respondent preferred a revision before the learned Sessions Judge, Nagapattinam in Cr.R.P.No.15 of 2011.

4. The learned counsel for the respondent would submit that in view of the stay granted in this petition, there is no progress before the learned Sessions Court, Nagapattinam.

5. In view of the above submission, this petition is closed at this juncture, giving liberty to the petitioner to work out his remedy before the Sessions Court, Nagapattinam. Consequently, connected miscellaneous petition is closed.

28.08.2017 Index: Yes/ No Internet:Yes/No

r n s To

1. The Judicial Magistrate II, Nagapattinam.

2. The Sessions Court, Nagapattinam.

K.KALYANASUNDARAM, J.

r n s Crl.OP No.16771 of 2011 & M.P.No.1 of 2011 28.08.2017