Matharsha v. Muthukumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 440 of 2024 Matharsha .....

Petitioner Vs

1. Muthukumar Senior Draftman, Thittagudi Taluk Officer, Thittagudi, Cuddalore District.

2 .Veeramani Survey Inspector (West), Thittagudi Taluk Office, Thittagudi, Cuddalore District.

3. Mohana Priya Firka Surveyor, Thittagudi Taluk Office, Thittagudi, Cuddalore District.

4. Ravichandiran

5. Mutharasan ....

Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to set aside the impugned order passed by the

Chief Judicial Magistrate, Cuddalore in CMP.No.175 of 2021 dated 20.04.2023 and directing the Chief Judicial Magistrate, Cuddalore, to proceed the case further in accordance with law. For Petitioner : Mr.M.Velmurugan

O R D E R

This Criminal Original Petition has been filed challenging the order dated 20.04.2023 passed in CMP No.175 of 2021 by the Chief Judicial Magistrate, Cuddalore.

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. The petitioner filed a private complaint under Section 200 of Cr.P.C read with 156(3) of Cr.P.C. It was rejected on the ground that the petitioner had failed to obtain the requisite sanction to proceed as against the Government Officials. In cases where allegations are made against public servants in the discharge of their official duties, prior sanction from the competent authority is mandatory. Therefore, the Trial Court rightly dismissed the complaint.

4. In view of the above, this Court finds no infirmity or illegality in the order dated 20.04.2023 passed in CMP No.175 of 2021 by the Chief Judicial Magistrate, Cuddalore. Accordingly, this Criminal Original Petition stands dismissed.

06.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To The Chief Judicial Magistrate, Cuddalore.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.440 of 2024 06.02.2025