Madras High Court
K.Suriyanarayanan vs The Inspector Of Police on 5 September, 2022
Author: R.N.Manjula
Bench: R.N.Manjula
Crl.O.P.No.14027 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2022
CORAM:
THE HON'BLE Ms.JUSTICE R.N.MANJULA
Crl.O.P.No.14027 of 2021
K.Suriyanarayanan ... Petitioner
Vs.
1.The Inspector of Police,
District Crime Branch,
Ariyalur, Ariyalur District.
(Cr.No.3 of 2019)
2.Maruthai ... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to
direct the learned Judicial Magistrate – II, Jayankondam to pass appropriate
orders on the petitioner's petition filed on 13.07.2021 against the 2nd
respondent for the offence committed by the 2nd respondent under Section 340
Cr.P.C r/w.195(1)(b)(i) Cr.P.C.
For Petitioner : Mr.C.Prakasam for
Ms.R.Hemalatha
For Respondents : Mr.A.Damodaran,
Addl. Public Prosecutor for R1
: Mr.R.Sankarasubbu for R2
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Crl.O.P.No.14027 of 2021
ORDER
This Criminal Original Petition has been filed to direct the learned Judicial Magistrate – II, Jayankondam to pass appropriate orders on the petitioner's petition filed on 13.07.2021 against the 2nd respondent for the offence committed by the 2nd respondent under Section 340 Cr.P.C r/w.195(1)(b)(i) Cr.P.C.
2. Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the first respondent and Mr.R.Sankarasubbu, learned counsel for the second respondent.
3. Mr.C.Prakasam, learned counsel for the petitioner submitted that a case has been registered against the petitioner in Cr.No.3 of 2019 of District Crime Branch, Ariyalur under Sections 120(B), 419, 420, 409, 424, 465, 466, 468, 477(A) and 506(1) of I.P.C. and the investigation was initiated; however, further action was dropped due to want of sufficient materials on record in connection with the allegations made by him in the complaint registered against the petitioner herein.
2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14027 of 2021 3.1. The grievance of the petitioner is that despite further action was dropped and no case has been filed, the defacto complainant went upon giving repeated complaints with false and forged documents. He further submitted that in view of the said action, he has filed a petition before learned Judicial Magistrate - II, Jayankondam. But the learned Judicial Magistrate - II, Jayankondam has not taken it on file till now.
4. Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the first respondent submitted that the proceedings which have been filed under original FIR in Cr.No.3 of 2019 has been closed long back.
5. Mr.R.Sankarasubbu, learned counsel for the defacto complainant submitted that a protest petition has been filed in this regard and still it is pending.
6. In view of the submission of the learned Additional Public Prosecutor, no person can be encouraged to relitigate the same matter repeatedly by filing complaints and bother the investigating machinery and the Court. Since the petitioner has already filed a petition to take action against 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14027 of 2021 the defacto complainant under Section 340 r/w 195(1)(b)(i) of Cr.P.C., the learned Judicial Magistrate ought to have taken it on file.
7. If the learned Judicial Magistrate deems it fit that proceedings under Section 195 of Cr.P.C., should be initiated by the Court and it should not be initiated by any private person, it is obligatory on the part of the learned Judicial Magistrate to take the petition on file and hear the parties and pass orders either about the maintainability of the petition or on any other point.
8. In view of the above stated reasons, this Criminal Original Petition is disposed and the learned Judicial Magistrate – II, Jayankondam, is directed to take the petition filed by the petitioner on file and hear the parties and pass appropriate order within a period of one month from the date of receipt of a copy of this order.
Index: Yes/No 05.09.2022
Speaking / Non Speaking Order
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Crl.O.P.No.14027 of 2021
To
1.The Inspector of Police,
District Crime Branch,
Ariyalur, Ariyalur District.
2.The Public Prosecutor,
High Court, Madras.
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Crl.O.P.No.14027 of 2021
R.N.MANJULA, J.
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Crl.O.P.No.14027 of 2021
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