Mr.A.S.Santhanam, B.A.B.L v. A.L.Narasimhan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:16.11.2016

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1386 of 2016 Mr.A.S.Santhanam .. Petitioner vs.

1.A.L.Narasimhan 2.A.Rajagopalan .. Respondents Criminal Revision filed under Section 397 and 401 Cr.P.C., to call for the records on the file of the XVII Metropolitan Magistrate Court, Saidapet in M.P.No.2042 of 2016, dated 06.07.2016, in order to direct the same XVII Metropolitan Magistrate, Saidapet by reversing the order to file case on the section described in the private complaint by the petitioner as Receiver of High Court in C.S.No.340 of 2006 and pass suitable orders.

For Petitioner : M/s.A.S.Santhanam

O R D E R

Petitioner challenges the order of learned XVII Metropolitan Magistrate, Saidapet, Chennai, passed in M.P.No.2042 of 2016 on 06.07.2016.

2. The complaint of the petitioner informing commission of offences under Sections 384, 385, 499, 500 IPC and 506(ii) IPC has been dismissed by the Court below under orders dated 06.07.2016. The order under challenge reads thus: "Heard. Records perused. The sworn statement of Complainant considered. No prima facie case made out as prayed for.

Notice sent to the Complainant by registered post and the defamatory words complained of thereby being communicated only to him. It is not https://hcservices.ecourts.gov.in/hcservices/

communicated to any other person. The accused did not intend the matter to be read by any other person. The essential requisite of publication held was absent.

Hence there is no prima facie merits in this case. Hence dismissed."

This Court finds no error in the order under challenge.

3. This Criminal Revision is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ub To The XVII Metropolitan Magistrate Court, Saidapet.

2 Do Thro The Chief Metropolitan Magistrate Chennai pk(CO) md(02/02/2017) Crl.R.C.No.1386 of 2016 https://hcservices.ecourts.gov.in/hcservices/