Sundararajan Vijayaramalingam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Sundararajan Vijayaramalingam ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The Director General of Police, Office of the Director General of Police, Chennai.

3.The Superintendent of Police, Madurai Rural, Madurai.

4.The Inspector of Police, Koodal Nagar Police Station, 5.The Chairman cum Managing Director, Union Bank of Indian, Nariman Point, Mumbai.

6.The Chief Vigilance Officer, 7.The Branch Manager, Theni Road, Madurai-16.

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8.The Tahsildar, Madurai North, Madurai.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to direct the learned Judicial Magistrate No.IV to set aside the order and to number the petitioner's petition filed under Section 200 r/w Section 156(3) of Cr.P.C., for registration of FIR under Sections 323 and 506 of IPC.

For Petitioner : Mr.Sundararajan Vijayaramalingam (Party-in-Person) For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the learned Judicial Magistrate No.IV, Madurai to number the petition filed by the petitioner under Section 200 r/w Section 156(3) of Cr.P.C., for registration of FIR under Sections 323 and 506 of IPC. 2.The case of the petitioner is that on 23.02.2008, when the petitioner was in outstation, the respondent bank agent broke open the petitioner's house and business premises and taken all the things and documents etc., and locked the house and business premises. The petitioner has preferred a complaint to the third respondent, but no action was taken. Thereafter, the petitioner filed a complaint before the learned 2/6

Judicial Magistrate No.IV, Madurai, under Section 200 r/w 156(3) of Cr.P.C., seeking for registration of FIR under Sections 323 and 506 of IPC and the learned Magistrate without considering the petitioner's case, simply returned the petition on 27.04.2021. Hence, the petitioner has filed the present petition.

3.It is seen from the records that the learned Magistrate has returned the complaint, directing the petitioner to furnish particulars of the offences alleged against the accused. But the petitioner has resubmitted stating that the incident was occurred before DRT order passed on 21.01.2011, in which, the payment was made in between 2002-2003 for my mother.

4.A cursory perusal of the complaint would reveal that the petitioner has not furnished the factual aspects of the case and the allegations alleged against the accused.

5.In view of the above, the petitioner is permitted to file a private complaint with all necessary particulars and also the charges alleged against the accused in compliance to the directions of the learned Judicial Magistrate No.IV, Madurai.

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6.With the above observation and direction, the Criminal Original Petition is disposed of.

15.07.2022 Index : Yes/No Internet : Yes/No sji To 1.The Judicial Magistrate No.IV, Madurai.

2.The District Collector, Madurai District, Madurai.

3.The Director General of Police, Office of the Director General of Police, Chennai.

4.The Superintendent of Police, Madurai Rural, Madurai.

5.The Inspector of Police, Koodal Nagar Police Station, 6.The Chairman cum Managing Director, Union Bank of Indian, Nariman Point, Mumbai.

7.The Chief Vigilance Officer, 4/6

8.The Branch Manager, Theni Road, Madurai-16.

9.The Tahsildar, Madurai North, Madurai.

10.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 5/6

K.MURALI SHANKAR, J.

sji 15.07.2022 6/6