Madras High CourtCRL OP(MD)/5517/2013allowed

Thangavel v. Ganesan

2018-04-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl. OP (MD)No.5517 of 2013 and MP(MD)No.1 of 2013 Thangavel ... Petitioner/1st Accused Vs.

Ganesan ... Respondent/ Complainant Prayer : This Criminal Original Petition is filed Under Section 482 of Criminal Procedure Code to call for records in P.R.C No.1 of 2010 on the file of the Chief Judicial Magistrate, Dindigul and quash the complaint.

For Petitioner : Mr.D.Venkatesh For Respondent : Mr.A.Arul Jenifer

ORDER

The respondent has filed a private complaint against the petitioner and another before the learned Chief Judicial Magistrate, Dindigul who took cognizance of the same in PRC No.1 of 2010. Some witnesses were also examined.

2.When the matter was taken up for hearing, the learned counsel for the petitioner placing reliance on the decision of this Court reported in 2012-1-L.W (Crl.) 621 (Karuppa Gounder vs. D.Sekar & others) contended that such complaint could have only been filed before the concerned Judicial Magistrate and not directly before the Chief Judicial Magistrate. 3.The case on hand is squarely covered by the said decision. https://hcservices.ecourts.gov.in/hcservices/ Therefore, the impugned complaint stand quashed. The respondent will be at liberty to re-present the complaint before the

concerned jurisdictional magistrate who shall deal with the same in accordance with law.

4.This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar skm To The Chief Judicial Magistrate, Dindigul +1 cc to MR.D.VENKATESH, Advocate SR.No.63119 Crl. OP (MD)No.5517 of 2013 and MP(MD)No.1 of 2013 23.04.2018 SMA/CM/SAR-2/15.05.2018:2P/3C https://hcservices.ecourts.gov.in/hcservices/