Mr.R.Kumar v. State Rep. by
Case brief
What is this about?
Bench set aside order under Section 204 Cr.P.C. dismissing complaint against accused who could not be located, directing petitioner to submit correct address for summons service so trial may proceed.
What did the court decide?
Order dismissing complaint under Section 204 Cr.P.C. set aside; Petitioner to furnish correct address of accused No. 17, serve summons and trial to proceed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2017
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
Crl.R.C.No.680 of 2015
R.Kumar ... Petitioner/Plaintiff
vs 1.State rep.by The Inspector of Police, Ketti Police Station, Coonoor, The Nilgiris. 2.Rajkutty @ Nandhakumar ... Respondents/Defendant/Accused No.17
Criminal Revision Case filed under section 397 r/w 401 of the Code of Criminal Procedure, to set aside the order dated 11.05.2015 made in C.C.No.35 of 2007 on the file of the learned Judicial Magistrate, Coonoor in so far as the dismissal of the complaint in respect of the respondent.
For Petitioner : Mr.B.Kumarasamy For Respondents: Mr.R.Ravichandran for R-1 Government Advocate(Crl. Side)
O R D E R
This Criminal Revision Case has been filed by the petitioner challenging the order dismissing the petition against 17th accused under Section 204 of Cr.P.C. The petitioner in C.C.No.35 of 2007 filed a private complaint against 19 accused for the offences under Sections 120(b), 147, 148, 380, 427, 448, 457 and 506(ii) of IPC and r/w Section 200 and 210 of Cr.P.C. The learned Judicial Magistrate, Coonoor, took cognizance of offences and issued process in C.C.No.35 of 2007 and process were served on some of the accused. Despite efforts, the correct address of the 17th accused could not be traced and as such the summon was not served on him. In the above circumstances, the Court below dismissed the complaint against the 17th accused under Section 204 Cr.P.C. Now, challenging the said order of dismissal, the present criminal revision case has been filed.
Issues for consideration
2 issues framed by the court
Whether the follow-up magistrate should set aside the order dismissing the complaint against an accused whose summons could not be served due to untraced address.
Whether the petitioner is directed to furnish the correct address and effect service of summons to proceed with the trial.
Parties & counsel
- petitioner
R. Kumar
- respondent
State rep. by The Inspector of Police, Ketti Police Station, Coonoor
- respondent
Rajkutty @ Nandhakumar
Coram
Case details
As recorded by the court registry
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