M.Selvan v. S.Bhuvaneshwari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.11.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.25732 of 2018 and CRL.M.P.No.14727 of 2018 M.Selvam .. Petitioner Vs 1.S.Bhuvaneshwari 2.The Inspector of Police, Attur Town Police Station, Attur, Salem District.

.. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for records and set aside the Docket Order dated 17.10.2018 passed by the learned Judicial Magistrate No.1, Attur in Crl.M.P.No.1920 of 2018.

For Petitioner : Mr.K.Elangoo For Respondent : Ms.M.Prabhavathi, Additional Public Prosecutor

O R D E R

On the petition filed by one Bhuvaneshwari, the learned Judicial Magistrate No.1, Attur has passed orders on 17.10.2018 under Section 156(3) Cr.P.C for a direction to the second respondent police to register an First Information Report. Challenging the said order, M.Selvam, the proposed accused is before this Court.

2.Heard Mr.K.Elangoo, learned counsel for the petitioner who submitted that the petitioner had passed a quasi-judicial order as RDO, for which she cannot be prosecuted.

3.Though there is sufficient force in the submissions of Mr.K.Elangoo, yet an order passed under Section 156(3) Cr.P.C is not reviewable at the instance of the proposed accused. https://hcservices.ecourts.gov.in/hcservices/

Hence, this petition is closed with liberty to the petitioner to challenge the First Information Report registered by the police, pursuant to the order of the learned Judicial Magistrate No.1, Attur.

Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Attur Town Police Station, Attur, Salem District.

2.The Judicial Magistrate No.1, Attur.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Elango, Advocate, S.R.No.76003 CRL.O.P.No.25732 of 2018 and CRL.M.P.No.14727 of 2018 rrs 12/11/2018 https://hcservices.ecourts.gov.in/hcservices/