S.Sivashanmugam v. Kannan @ Govindasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.08.2019

CORAM

THE HON'BLE Mr. JUSTICE P.N. PRAKASH Crl.R.C.No.769 of 2019 and Crl.M.P.No.10966 of 2019 S.Sivashanmugam ..Petitioner Vs.

1.Kannan @ Govindasamy 2.M.Duraimurugan 3.Ravi 4.Elangovan ..Respondents Criminal Revision filed under Section 397 read with Section 401 Cr.P.C. seeking to set aside the order dated 16.04.2019 passed in Crl.M.P.No.35 of 2019 on the file of the Judicial Magistrate No.II, Cuddalore.

For Petitioner : Mr.Thiagarajan for Mr.T.Balaji

O R D E R

This criminal revision has been filed seeking to set aside the order dated 16.04.2019 passed by the Judicial Magistrate No.II, Cuddalore in Crl.M.P.No.35 of 2019.

2.It is the case of the petitioner that he wanted a job for his daughter and therefore, he paid a bribe of Rs.6,50,000/- to the respondents, but did not get the job. On these allegations, the petitioner filed Crl.M.P.No.35 of 2019 under Section 156(3) Cr.P.C. before the Judicial Magistrate No.II, Cuddalore, which has been dismissed on 16.04.2019 with cost of Rs.5,000/-, aggrieved by which, the petitioner is before this Court. 3.Heard Mr.Thiagarajan, learned counsel appearing for the petitioner.

4.In the impugned order, the learned Magistrate has noted that the petitioner wanted to get employment for his daughter through illegal means, for which, the system of Court cannot be pressed into service. He has further stated that the petitioner has not placed any credible material to establish a prima facie https://hcservices.ecourts.gov.in/hcservices/

case for ordering police investigation under Section 156(3) Cr.P.C.

5.This Court does not find any infirmity in the order passed by the learned Magistrate warranting interference. However, the cost of Rs.5,000/- ordered by the learned Magistrate is set aside. Hence, this petition is dismissed with liberty to file a private complaint and establish the offence in the manner known to law. Any observation made above shall not prejudice the case of the petitioner in the private complaint. Connected miscellaneous petition is closed.

gya Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To The Judicial Magistrate No.II, Cuddalore.

+1cc to Mr.T.Balaji, Advocate, SR.No.66989 Crl.R.C.No.769 of 2019 Kak(29/08/2019) 06.08.2019 https://hcservices.ecourts.gov.in/hcservices/