Thiyagarajan v. State Of Tamilnadu Rep By Its

In the High Court of Judicature at Madras Dated : 11.1.2024 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Criminal Original Petition No.12143 of 2023 & Crl.M.P.No.7360 of 2023 Thiyagarajan

...Petitioner

Vs State of Tamil Nadu, rep.by its Station House Officer, Orathur Police Station, Orathur, Cuddalore District.

...Respondent

PETITION under Section 482 of the Criminal Procedure Code seeking to set aside the order passed by the Judicial Magistrate No.2, Chidambaram in Crl.M.P.No.4017 of 2022 dated 02.11.2022 on the file of the Judicial Magistrate No.2, Chidambaram to proceed in the manner enumerated as under Section 156(3) of the Criminal Procedure Code.

For Petitioner :

Mr.P.Paramasivadoss For Respondent :

Mr.A.Gopinath, GA (Crl.Side)

ORDER

This is a petition filed by the petitioner challenging the order passed by the Court below converting the application filed under 1/3

Section 156(3) of the Criminal Procedure Code (for short, the Code) to a private complaint under Section 200 of the Code.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

3. In the considered view of this Court, the Court below has been given wide powers and it is always open to the Court below to deal with the application under Section 156(3) of the Code or convert the same into a private complaint and proceed further under Section 200 of the Code. The jurisdiction exercised by the Court below cannot be held to be illegal and does not warrant interference of this Court.

4. Accordingly, the above criminal original petition is dismissed. Consequently, the connected Crl.M.P is also dismissed. 11.1.2024 RS 2/3

N.ANAND VENKATESH,J RS To 1.The Judicial Magistrate No.2, Chidambaram.

2.The Station House Officer, Orathur Police Station, Orathur, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

& Crl.M.P.No.7360 of 2023 11.1.2024 3/3