Madras High CourtCRL OP/19497/2023disposed of

N.Chandrasekar v. The Superintendent Of Police,

2023-08-28Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No. 19497 of 2023 N. Chandrasekar Petitioner vs.

1.The Superintendent of Police, Dharmapuri, Dharmapuri District 2.The Inspector of Police Karimangalam Police Station, Dharmapuri District.

3.Mukesh Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to setaside the return docket order dated 27.03.2023 in Crl MP SR No.117 of 2023 on the file of the District Munsif Cum Judicial Magistrate Court and to take and number the petition.

For Petitioner : M/s. S. Esakkimuthu For Respondent : Mr. A. Damodaran, Additional Public Prosecutor for R1 and R2

ORDER

This petition has been filed for a direction to the District Munsiff cum Judicial Magistrate Court, Karimangalam, to number the application filed by the petitioner under Section 156(3) of Cr.PC and to pass orders in accordance with law. 2.

The grievance of the petitioner is that the application has been filed before the concerned jurisdictional Magistrate Court and all the defects that were pointed out have also been complied with and re-presented. Inspite of the same, the concerned Magistrate Court is refusing to entertain the application and repeatedly rejecting the application. 3.

The learned District Munsiff cum Judicial Magistrate Court, Karimangalam,is directed to take the application on file and if the Court is of the view that there is no jurisdiction to entertain the application, an appropriate order shall be passed in that regard. The petitioner is affirming that the cause of action falls within the jurisdiction of the Court and therefore, it has to be necessarily dealt with by the concerned Court. 4.

In the result, this Criminal Original petition is disposed of with a direction to the District Munsiff cum Judicial Magistrate Court, Karimangalam, to deal with the application filed by the

petitioner on its own merits and in accordance with law as expeditiously as possible.

28.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To 1.The Superintendent of Police, Dharmapuri, Dharmapuri District 2.The Inspector of Police Karimangalam Police Station, Dharmapuri District.

3. The Public prosecutor, High Court, Madras N. ANAND VENKATESH, J.

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Crl.O.P No. 19497 of 2023 28.08.2023