Chandrasekaran v. K.Shanmugavel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Chandrasekaran ... Petitioner

Versus

1.K.Shanmugavel 2.Kandasamy 3.Ramachandran Village Administrative Officer, (Old Kangayampalayam Village), Presently Mettupalayam Village, Vellakoil Road, Tiruppur District.

4.Malaichami 5.Chandrasekaran 6.The Inspector Dharapuram Police Station, Dharapuram, Tiruppur District.

... Respondents Prayer: Criminal Revision Case is filed under Sections 397 R/w. 401 of Cr.P.C., against the orders passed in Crl.M.P.No.1258 of 2022 dated 1/4

27.04.2022 by the learned Judicial Magistrate, Dharapuram. For Petitioner : Mr.P.Kalimuthu For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) [R6]

ORDER

This revision is filed aggrieved by the order of the learned Judicial Magistrate, Dharapuram dated 27.04.2022 in Crl.M.P.No.1258 of 2022 in and by which the prayer of the petitioner to refer his complaint dated 07.09.2021 was refused by the learned Magistrate.

2. It is seen that the said complaint is addressed to the Superintendent of Police, District Collector and Chief Minister's Cell etc. Therefore, the learned Magistrate dismissed the application filed under Section 156(3) Cr.P.C., on the ground that the petitioner has not filed the proper complaint neither the petitioner followed the procedure as laid down by the Hon'ble Supreme Court in the case of Lalita Kumari vs.State of U.P., reported in (2014) 2 SCC 1.

3. In that view of the matter no exception can be taken for the 2/4

order of the learned Magistrate. However, it is made clear that since the petitioner alleges that in the enquiry proceedings relating to the deletion of his name for granting of patta, he did not appear, but, the proposed accused had set up some third person to appear in the enquiry by impersonating him, to that extent if he has materials and he can lodge a fresh complaint by duly following the procedures as laid down in Lalita Kumari's case.

4. The dismissal of the petition filed by the petitioner under Section 156(3) Cr.P.C., so also this revision case will not come into way of the petitioner for such an exercise.

5. With the above direction, this Criminal Revision Case is dismissed.

28.06.2022 Index : Yes / No Speaking Order : Yes / No ssn 3/4

D.BHARATHA CHAKRAVARTHY, J., ssn To

1. The Judicial Magistrate, Dharapuram.

2.Ramachandran Village Administrative Officer, (Old Kangayampalayam Village), Presently Mettupalayam Village, Vellakoil Road, Tiruppur District.

3. The Inspector Dharapuram Police Station, Dharapuram, Tiruppur District.

4.The Public Prosecutor, High Court of Madras.

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