K.Manikkam, 66 Years v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2016

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1419 of 2016 K.Manikkam

...Petitioner

Vs.

State by The Inspector of Police, Kuvathur Police Station, Kancheepuram District (Crime No.71/2015)

...Respondent

Criminal Revision filed under Sections 397(1) and 401 Cr.P.C. to call for the entire records in connection with C.M.P.No.3559 of 2016 on the file of the District Munsif cum Judicial Magistrate, Thirukazhkundram, and set aside the order dated 19.09.2016 passed in C.M.P.No.3559/2016 by the District Munsif cum Judicial Magistrate, Thirukazhkundram. For Petitioner : Mr.V.Paarthiban For respondent : Mr.K.Madhan, Gov. Advocate (Crl. Side)

O R D E R

This revision challenges the order of learned District Munsif cum Judicial Magistrate, Thirukazhkundram passed in C.M.P.No.3559 of 2016 dated 19.09.2016.

2. A case in Crime No.71 of 2015 on the file of respondent was registered at the instance of petitioner for offences under Sections 447, 448, 427, 506(i) and 379 IPC. Respondent has sought closure of the case informing that the

accused was not traceable. Upon receiving notice, petitioner has filed a protest petition and therein the following order stands passed:

" Defacto complainant PL stated that he is going to file private complaint. Hence, this petition is closed. "

3. Learned counsel submits that the position informed in the order is erroneous and relying on the affidavit of petitioner, submits that the representation of the petitioner on 19.09.2016 was to the effect that the petitioner wanted to engage a counsel for representing him in the protest petition.

4. Once protest petition stands filed, Magistrate is upon duty to consider the same on merits unless such petition is duly withdrawn, under due acknowledgement of the party/counsel concerned.

Failure to adopt such a course results in representations of the present kind and it becomes difficult to decide where the truth lies. Learned Magistrate is directed to restore C.M.P.No.3559 of 2016 and proceed further in accordance with law and decide the matter on merits.

5. Accordingly, the Criminal Revision Petition shall stand allowed. The order of learned District Munsif cum Judicial Magistrate, Thirukazhkundram, passed in C.M.P.No.3559 of 2016 on 19.09.2016, shall stand set aside.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp

To

1. The District Munsif cum Judicial Magistrate, Thirukazhkundram.

2. The Inspector of Police, Kuvathur Police Station, Kancheepuram District.

+1CC to M/s. V.Parthiban, Advocate, SR 67960 Crl.R.C.No.1419 of 2016 MP (CO) PSI 30/12/2016