Madras High CourtCRL OP(MD)/2802/2015dismissed

Thatshinamoorthy v. Vellathurai

2017-05-03Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.05.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2802 of 2015 Thatshinamoorthy ... Petitioner/Petitioner -vs1. Vellathurai

2. Muthuraj ... Respondents Prayer: Criminal Petition filed under Article 482 of the Code of Criminal Procedure of the Constitution of India, to set aside the order of the learned Judicial Magistrate, Ambasamuthiram, Tirunelveli District dated 09.01.2015 made in Crl.M.P.No.195 of 2015 and consequently direct the complaint filed by the petitioner to be referred to the Inspector of Police, Vickaramasingapuram Police Station for registration of the same as well as for further investigation forthwith.

For Petitioner : Mr.S.Palanivelayutham For Respondents : No Appearance

O R D E R

The petitioner filed a petition in Crl.M.P.No.195 of 2015 before the learned Judicial Magistrate, Ambasamudram, Tirunelveli District under Section 156(3) Cr.P.C. against the respondents 2 & 3, which was dismissed by the Magistrate on 09.01.2015, aggrieved by which, the petitioner is before this Court.

2. Heard the learned counsel for petitioner.

3. In the considered opinion of this Court, a petition under Section 156(3) Cr.P.C. per se is not maintainable. The aggrieved person may file a private complaint and on the private complaint, the Magistrate has got three options, namely, a) to dismiss it in limine; b) to refer it under Section 156(3) Cr.P.C. and c) to take cognizance of the offence by examining the complainant and his witnesses under Section 200 Cr.P.C. In this case, the Magistrate has adopted the first option and this Court does not find any infirmity in the order passed by the learned Magistrate, warranting interference by this Court.

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4. In the result, this petition is devoid of merits and the same is accordingly dismissed with liberty to the petitioner to work out his remedy in the manner known to law. Sd/- Assistant Registrar(AD II ) /TRUE COPY/ Sub Assistant Registrar sm/ar To:

The Judicial Magistrate, Ambasamuthiram, Tirunelveli District.

+1 cc to MR.S.PALANIVELAYUTHAM, ADVOCATE, SR NO: 55566 JAM/11.05.17/BS/SAR 3 2P-3C Crl.O.P.(MD) No.2802 of 2015 03.05.2017 https://hcservices.ecourts.gov.in/hcservices/