← Library
Madras High CourtCRL OP(MD)/8375/2022disposed of

T. Selvam v. D. Subramanian

2022-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.8375 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.8375 of 2022 T. Selvam

...Petitioner/Petitioner

Vs.

1. D. Subramanian

2. N.L. Sivanpandian

3. The Inspector of Police, Kadayam Police Station, kadayam, Alangulam Taluk.

...Respondents/Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the Docket order dated 16.03.2022 made in unnumbered Cr.M.P.No. of 2022 on the file of the Judicial Magistrate Court, Ambasamudram and consequently direct the Judicial Magistrate Court, Ambasamudram to number the said petition and decide the same on merits by allowing this Criminal Original Petition.

For Petitioner : Mr. V.S.Kishok Kumar For Respondents : Mr. R.M.Anbunithi, No. R3 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to set aside the docket order dated 16.03.2022 made in unnumbered Cr.M.P.No. of 2022 on the file of the Judicial Magistrate Court, Ambasamudram and consequently direct the Judicial Magistrate Court, Ambasamudram to number the said petition and decide the same on merits by allowing this Criminal Original Petition.

2. The trial Court ought to have taken the complaint on file without going into the merits of the averments in the complaint and after taking the complaint on file decide the matter on merits in accordance with law and see whether the petitioner has made out case for issuance of direction under Section 156(3)of Cr.P.C.

3. In view of the above, the petitioner is directed to represent the complaint within a period of two weeks from the date https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.8375 of 2022 of receipt of a copy of this order and on receipt of the same, the learned Judicial Magistrate, Ambasamudram is directed to take the complaint on file and deal with the same, if the papers are otherwise in order.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Judicial Magistrate, Ambasamudram.

2.The Inspector of Police, Kadayam Police Station, kadayam, Alangulam Taluk.

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

+1 CC to M/s.V.S.KISHOK KUMAR, Advocate ( SR-22932[F] dated 29/04/2022 ) Crl.O.P.(MD) No.8375 of 2022 29.04.2022 sj(CO) GC(23.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2