S.Vasantha v. Bensan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.1170 of 2023 S.Vasantha ... Petitioner Vs.

1. Bensan Sub Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

2. Rajiv Deputy Superintendent of Police, Sathankulam, Thoothukudi District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to set aside the returned docket order dated 11.11.2022 in filing no. Nil on the file of the learned Judicial Magistrate, Sathankulam and allow this criminal Original Petition and consequently direct the learned Judicial Magistrate Court, Sathankulam to number the petitioner's complaint presented on 09.05.2022 filing No.Nil and proceed in accordance with law.

For Petitioner : Mr.S.Sivakumar 1/6

O R D E R

This petition has been filed challenging the docket order dated 11.11.2022 passed by the learned Judicial Magistrate, Sathankulam.

2.The petitioner filed the private complaint before the Court below and it was returned with a docket order dated 24.06.2022. The same was put to challenge by filing Crl.O.P. (MD) No.13307 of 2022. The Criminal Original Petition was disposed of by an order dated 25.07.2022 by issuing the following direction: "5.In view of the above, this Court is of the considered opinion that since the return order was passed without examining the complaint and witnesses, it is liable to be set aside. Therefore, the return order, dated 24.06.2022, passed by the learned Judicial Magistrate, Sathankulam, is hereby set aside. Further, the learned Judicial Magistrate, Sathankulam, is directed to take cognizance of the petitioner's complaint and examine the complainant and witnesses, if any produced by the 2/6

complainant, pass orders on merits and in accordance with law, within a period of six months, from the date of receipt of a copy of this order."

3.The grievance of the petitioner is that in spite of the above direction given by this Court, the learned Magistrate once again returned the complaint for the very same reason that was assigned earlier on the ground that the petitioner has not complied with the previous return. Aggrieved by the same, the present petition has been filed before this Court.

4.In the considered view of this Court, the Court below was bound by the order passed in Crl.O.P. (MD) No.13307 of 2022, dated 25.07.2022. This Court had specifically directed the learned Judicial Magistrate, Sathankulam, to take cognizance of the complaint by examining the complainant and witnesses produced and pass necessary orders. When such direction is given, the Court below must have complied with those directions and instead, the complaint has once again been returned.

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5.In the light of the above discussion, the docket order dated 11.11.2022 is hereby set aside. There shall be a direction to the Court below to strictly comply with the earlier order passed by this court in Crl.O.P. (MD) No.13307 of 2022, dated 25.07.2022. The Court below shall proceed further to undertake the process of taking cognizance by examining the complainant and witnesses, if any, and take a decision to either reject the complaint or to issue process to the accused persons. This process shall be completed by the Court below within a period of four weeks from the date of receipt of a copy of this order. 6.In the result, this Criminal Original Petition is allowed with the above direction.

18.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN Note: Registry is directed to return back the original complaint to the counsel for the petitioner in order to enable the petitioner to represent the complaint before the Court below.

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To

1. Learned Judicial Magistrate Court, Sathankulam.

2. Bensan Sub Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

3. Rajiv Deputy Superintendent of Police, Sathankulam, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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N.ANAND VENKATESH,J.

PKN Dated: 18.11.2024 6/6