Madras High CourtCRL OP(MD)/15559/2023disposed of

Hari Kumaran Thambi v. Preman @ Premadoss

2023-10-04Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15559 of 2023 Hari Kumaran Thambi

...Petitioner / Complainant

Vs.

1.Preman @ Premadoss 2.Nirmala

...Respondents / Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and set aside the order dated 16.03.2023 passed in un-numbered Crl.M.P. No. of 2023 on the file of the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District.

For Petitioner :Mr.R.Ilayaraja O RDER This criminal original petition has been filed to set aside the order dated 16.03.2023 passed in un-numbered Crl.M.P. No. of 2023 on the file of the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District. 1/4

2.The complaint is lodged on the ground of malicious prosecution initiated by the respondent against the petitioner. The grievance of the petitioner is that without considering the above ground it was returned on the Administrative side, making some observations.

3.Returning the above complaint on the Administrative side may not be proper. Opportunity must be given to the petitioner as to the maintainability of the petition. Without giving opportunity to make submissions with regard to the maintainability of the complaint, on the Administrative Side, it was returned. 4.On that ground, without going into other aspects, the order dated 16.03.2023 passed in un-numbered Crl.M.P. No. of 2023 on the file of the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District, is hereby set aside. There shall be a direction to the learned Judicial Magistrate No.I, Kuzhithurai, to entertain the complaint on its judicial side, hear on the question of maintainability and pass judicial order. For that purpose, the original complaint is ordered to be returned to the petitioner, by replacing the same with proper 2/4

certified copy, for representing the same before the Court below. 5.With the above said directions, this criminal original petition stands disposed of.

Speaking : Yes / No 04.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.15559 of 2023 04.10.2023 4/4