Madras High CourtCRL RC/519/2016dismissed

K.A.Raja v. Rajednran

2019-04-27Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.R.C.No.519 of 2016 K.A.Raja ... Petitioner Vs

1. Rajendran

2. Loganathan

3. Venkatesan ... Respondents PRAYER:

Criminal Revision Case filed under Article 397 r/w 401 of Criminal Procedure Code to call for the records and set aside the order made in C.M.P.No. 7706 of 2015 dated 17.11.2015 passed by the learned Judicial Magistrate No.II, Chidambaram and consequently direct the Learned Judicial Magistrate No.II, Chidambaram to take the complaint on file and dispose of the same in accordance with law.

For Petitioner : Mr.G.Pugazhenthi For Respondent : No appearance

O R D E R

This Criminal Revision Case has been filed under Section 397 r/w 401 of Cr.P.C. to call for the records and to set aside the order made in C.M.P.No. 7706 of 2015 dated 17.11.2015, passed by the learned Judicial Magistrate No.II, Chidambaram and consequently direct the Learned Judicial Magistrate No.II, Chidambaram to take the complaint on file and dispose of the same in accordance with law.

2. The revision petitioner is the complainant and he filed a private complaint under Section 200 Cr.P.C., before the learned Judicial Magistrate No.II, Chidambaram against the respondents for the offence under Sections 294(b), 448, 379 and 506(ii) of IPC. After the investigation, this complaint was closed. The learned Magistrate found that there is no prima facie made out in the case and therefore, the learned Magistrate dismissed the case against the complainant. Hence, the petitioner has preferred the present revision petition before this Court. https://hcservices.ecourts.gov.in/hcservices/

3. This Court vide order dated 28.03.2016, ordered notice and private notice to the respondent herein and also gave a direction that affidavit of service is to be filed. Even today, the petitioner has not produced any proof of service, to that effect.

4. This Court in the present circumstances does not find any merit in the revision petition. There is no perversity in the order challenged by the complainant and he has not filed any materials to proceed further with the complaint. There is no prima facie case made out in the complainant. Therefore, the revision is liable to be dismissed and accordingly, the same is dismissed.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar kmm To

1. The Learned Judicial Magistrate No.II, Chidambaram.

The Section Officer, Criminal Section, High Court, Madras +1 cc to M/s.G.Pugazhenthi, Advocate, S.R.No.41736 Crl.R.C.No.519 of 2016 CP(CO) SSM(27/06/2019) https://hcservices.ecourts.gov.in/hcservices/