Corley Manuel Roy v. M/S.Kores India Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2015 CORAM :
THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.O.P.No.16016 of 2014 and M.P.No.1 of 2014 1.Corley Manuel Roy 2.S.Venkatesan ... Petitioners Vs.
M/s.Kores India Limited Rep.by its Legal Officer, Mr.Sanjay Amarnath Sharma .. Respondent Prayer:- Petition has been filed under Section 482 of Cr.P.C. to call for the records in C.C.No.5995 of 2012 on the file of the learned XIII Metropolitan Magistrate, Egmore, Chennai-8 and quash the proceedings..
For Petitioner : Mr.V.Bhiman For R1 R1 : Mr.K.F.Manavalan
O R D E R
It is seen that the complaint was filed by the complainant before the learned Judicial Magistrate, First Class, II Court, Thane and now the complaint has been transferred to XIII Metropolitan Magistrate Court, Egmore, Chennai after it passes through circuitous rule.
2. This prosecution has been launched not on a police report but on a private complaint and therefore, the learned XIII Metropolitan Magistrate, Egmore, Chennai, is required to follow the procedure adumbrated under Chapter XIX - Sub heading 'B' in Section 244 of the Criminal Procedure Code, which means that in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution and the Magistrate may, on the application of the prosecution, issue a summons to any https://hcservices.ecourts.gov.in/hcservices/
of its witnesses directing him to attend or to produce any document.
3. In the facts and circumstances of this case, this Criminal Original Petition is closed and the learned XIII Metropolitan Magistrate, Egmore, Chennai-8, is directed to proceed with the enquiry in C.C.No.5995 of 2012 and complete the same within a period of six months from the date of receipt of a copy of this order. The accused and the complainant shall co-operate with the Magistrate for complying with the direction issued by this Court. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar kkd To 1.The XIII Metropolitan Magistrate, Egmore, Chennai-8 2.-do- Thro Chief Metropolitan Magistrate, Chennai 3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.16016 of 2014 and M.P.No.1 of 2014 kv(co) pmk.15.7.2015 https://hcservices.ecourts.gov.in/hcservices/