A. Raja Vs. The Superintendent of Police, Madurai District, Madurai and Others

A. Raja vs The Superintendent of Police, Madurai District, Madurai and Others

Type Court Judgment Court Chennai Madurai Decided Jun 08, 2016

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https://sooperkanoon.com/case/1190677

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Citation: sooperkanoon.com/1190677
Court: Chennai Madurai High Court
Judge: The Honourable Dr. Justice P. Devadass
Decided On: Jun 08, 2016
Case Number: C.R.L.RC(MD) No. 341 of 2016
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

A. Raja

Respondent

The Superintendent of Police, Madurai District, Madurai and Others

Excerpt

.....order. 2. the revision petitioner raja's father lodged a police complaint, upon which the third respondent viz., inspector, dcp, madurai investigated the case in crime no.358 of 2010. witnesses were examined. the investigation officer filed a negative final report on the ground that it is a mistake of fact. but in passing orders thereon the magistrate committed mistake of law. 3. the learned magistrate passed the following impugned order: language 4. in a police case after registering the f.i.r., after collecting the evidence/conducting investigation, the police will file final report. it may be positive, loosely called 'charge sheet'. it may also be negative, because of mistake of fact, mistake of law, fire accident, civil case. yet if a magistrate finds that there are incriminating materials, he can take action under section 190(1)(b) cr.p.c. however if he does not, he must give notice to the complainant. if the complainant files counter or objection it becomes his 'protest petition'. he can proceed it as a private complainant. conduct enquiry under section 202 cr.p.c. if there is primafacie case, he can issue summons to the accused under section 204 cr.p.c. and if there is no primafacie case he can dismiss the complaint under section 203 cr.p.c. however, he should set out his reasons briefly for passing such orders. 5. now in this case, the learned magistrate not followed the proper procedure. thus, the impugned order suffers from legality and regularity. 6. in the circumstance, ordered as under: (1) this criminal revision is allowed. (2) the impugned order passed by the learned judicial magistrate no.ii, madurai in r.c.s.no.2111 of 2013 dated 11.10.2013 is set aside. (3) the matter is remitted back to the said magistrate. (4) the magistrate will issue notice to the revision petitioner. if he files any objection/counter consider it as a protest petition and dispose of it in accordance with law.

Full Judgment

(Prayer: Criminal Revision Petition is filed, under Section 397 Cr.P.C., to set aside the order passed by the Hon'ble Judicial Magistrate Court No.II, Madurai in R.C.S. No.2111 of 2013 dated 11.10.2013 as devoid of merits and consequently direct the Hon'ble Judicial Magistrate No.II, Madurai to take cognizance in Crime No.358 of 2010 and further to direct to try and dispose of the same in accordance with law.)

1. This revision presents infraction of legal procedures in passing the impugned order.

2. The Revision Petitioner Raja's father lodged a police complaint, upon which the third respondent viz., Inspector, DCP, Madurai investigated the case in Crime No.358 of 2010. Witnesses were examined. The investigation officer filed a negative final report on the ground that it is a Mistake of Fact. But in passing orders thereon the Magistrate committed Mistake of Law.

3. The learned Magistrate passed the following impugned order:

LANGUAGE

4. In a police case after registering the F.I.R., after collecting the evidence/conducting investigation, the police will file final report. It may be positive, loosely called 'Charge Sheet'. It may also be negative, because of Mistake of Fact, Mistake of Law, Fire Accident, Civil Case. Yet if a Magistrate finds that there are incriminating materials, he can take action under Section 190(1)(b) Cr.P.C. However if he does not, he must give notice to the complainant. If the complainant files counter or objection it becomes his 'protest petition'. He can proceed it as a private complainant. Conduct enquiry under Section 202 Cr.P.C. If there is primafacie case, he can issue summons to the accused under Section 204 Cr.P.C. and if there is no primafacie case he can dismiss the complaint under Section 203 Cr.P.C. However, he should set out his reasons briefly for passing such orders.

5. Now in this case, the learned Magistrate not followed the proper procedure. Thus, the impugned order suffers from legality and regularity.

6. In the circumstance, ordered as under:

(1) This Criminal revision is allowed.

(2) The impugned order passed by the learned Judicial Magistrate No.II, Madurai in R.C.S.No.2111 of 2013 dated 11.10.2013 is set aside.

(3) The matter is remitted back to the said Magistrate.

(4) The Magistrate will issue notice to the revision petitioner. If he files any objection/counter consider it as a protest petition and dispose of it in accordance with law.

Same Court & Year Chennai Madurai · 2016 Same Parties A. Raja vs The Superintendent of Police, Madurai District, Ma... Same Subject Education Same Judge The Honourable Dr. Justice P. Devadass