K. Vadivelu v. Rangasamy
Case brief
What is this about?
The High Court held that a Magistrate cannot return a private complaint. The petitioner was directed to re-present the complaint to the Judicial Magistrate within 15 days to proceed as per law.
What did the court decide?
Petitioner directed to present complaint to Judicial Magistrate within 15 days for further action in accordance with law.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.09.2013
CORAM:
THE HONOURABLE MR. JUSTICE P.DEVADASS
CRL.O.P.No.27720 of 2012
K.Vadivelu ...Petitioner Vs. 1.Rangasamy 2.Chinnusamy 3.Vijayalakshmi ...Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to issue direction to the learned Judicial Magistrate No.II, Sankari to entertain the complaint dated 11.08.2012 made in C.C.SR.No.2220 of 2012 on his file and proceed in accordance with law.
For Petitioners : Mr.N.Manokaran
O R D E R
Vadivelu, whose complaint has been returned making an endorsement sought for a direction to the learned Judicial Magistrate No.II, Sankari to take further action on his complaint as per law.
2.Petitioner presented a complaint under Section 200 Cr.P.C. to the learned Judicial Magistrate No.II, Sankari, complaining of commission of certain cognizable offences by certain persons.
3.The complaint has been dealt with by the learned Judicial Magistrate as under:
Issues for consideration
3 issues framed by the court
Whether a learned Judicial Magistrate has the power to return a private complaint filed under Section 200 Cr.P.C.
If the Code of Criminal Procedure authorizes returning of a private complaint in the absence of prima facie case after recording statement
Whether a Magistrate must proceed with a private complaint by following statutory modes or can merely return it
Parties & counsel
- petitioner
K. Vadivelu
- respondent
Rangasamy
- respondent
Chinnusamy
- respondent
Vijayalakshmi
Coram
Case details
As recorded by the court registry
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