C.Raghavan vs State Rep. By on 12 August, 2015
19.From the foregoing analysis of the various provisions and
interpretation of the Sections as laid down by this Court and other High
Courts as well as the Hon'ble Apex Court Judgments cited, it is clear
that the order passed by the learned Metropolitan Magistrate is illegal
and deserves to be set aside. The case shall be taken up again now
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by the learned Metropolitan Magistrate Saidapet, Chennai and then the
matter shall be proceeded further in accordance with law. It is made
clear that learned trial Court shall not be guided by any observations
made by this Court while passing appropriate order in the matter. It is
further expected of the learned Metropolitan Magistrate Saidapet,
Chennai to decide the criminal case on the file of the respondent police
in Crime No.569 of 2008 cognizance for the offences under Sections
406 and 420 of IPC afresh as early as possible. The Criminal Revision
is allowed accordingly.