B.Manikanda Prabhu vs The Inspector Of Police (Crime) on 29 September, 2021

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Madras High Court

B.Manikanda Prabhu vs The Inspector Of Police (Crime) on 29 September, 2021

Bench: G.Ilangovan

CRL OP (MD) No. 14556 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 29.09.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN
CRL.O.P.(MD) No.14556 of 2021

B.Manikanda Prabhu ... Petitioner

-Vs-
1. The Inspector of Police (Crime),
Tallakulam Police Station,
Madurai City.
Crime No. 1665 of 2018
2. Vincent
3. Jeyarani ... Respondents

PRAYER: The Criminal Original Petition is filed under Section 482 of the
Code of Criminal Procedure, to call for the records relating to the orders
dated 07.05.2021 made in C.C.No.384 of 2021 on the file of Judicial
Magistrate No.II, Madurai taking cognizance of the case and set aside the
same as illegal and permit the petitioner to file a protest petition to canvas
his right in accordance with law within the period that may be stipulated by
this Court.
For Petitioner : Mr.R.Gandhi

For R1 : Mr.RMS.Sethuraman,
Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis/
CRL OP (MD) No. 14556 of 2021

ORDER

This petition is filed seeking to set aside the cognizance order that has been passed by the Judicial Magistrate No.II, Madurai, in C.C.No.384 of 2021.

2.The petitioner is the defacto complainant in crime No.1665 of 2018, which was registered for the offences punishable under Sections 406 and 420 of I.P.C. The grievance of the petitioner is that totally there are three accused in this crime and during the course of investigation, two accused have been deleted from the final report and cognizance has been taken by the concerned Magistrate against the only one accused. According to the petitioner, it is settled principles of law that before taking cognizance in respect of the deletion report, notice must be served upon the complainant. Since it is a settled position of law, the order passed by the Judicial Magistrate No.II, Madurai, is set aside and the Judicial Magistrate No.II, Madurai, is hereby directed to serve notice to the petitioner / defacto complainant with regard to the deletion report. After hearing him, by giving due opportunity, passed orders shall be passed.

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https://www.mhc.tn.gov.in/judis/ CRL OP (MD) No. 14556 of 2021

3. With the above said direction, this Criminal Original Petition is allowed.




                                                                                     29.09.2021

                 Internet : Yes / No
                 Index    : Yes / No
                 Ls

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

1. The Inspector of Police (Crime), Tallakulam Police Station, Madurai City.

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

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https://www.mhc.tn.gov.in/judis/ CRL OP (MD) No. 14556 of 2021 G.ILANGOVAN, J.

Ls CRL OP (MD) No.14556 of 2021 29.09.2021 4/4 https://www.mhc.tn.gov.in/judis/

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