LAWS(SC)-2015-2-105

B. JAYARAMAN Vs. V. ANANDARAJ AND ORS.

Decided On February 04, 2015
B. JAYARAMAN Appellant
V/S
V. Anandaraj And Ors. Respondents

JUDGEMENT

(1.) Heard Learned Counsel for the parties. Leave granted.

(2.) The complainant-appellant herein is before this Court questioning the correctness of the Order dated 24.03.2010 passed by the High Court of Judicature at Madras in Criminal O.P. No. 14903 of 2008 in exercise of its power Under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code of Criminal Procedure.") wherein the final report submitted pursuant to the Order of the learned Judicial Magistrate No. 1, Ponnamallee dated 7.11.2006 is under challenge, urging various legal contentions.

(3.) The facts in nut-shell giving rise to this appeal are that a complaint was filed by the Appellant herein against the Respondent and others. On the basis of the said complaint, investigation was made and a report was submitted before the learned Judicial Magistrate No. 1, Ponnamallee. Afterwards, notice was served upon the complainant in June, 2006. On 27.07.2006, a Protest Petition was filed by the Appellant/de-facto complainant to the report. On the basis of the same, the statement of the complainant, Appellant herein, was recorded. Thereafter, the learned Judicial Magistrate after recording reasons in his Order dated 7.11.2006 directed the Investigating Officer to examine the complainant with reference to the relevant documents in accordance with Section 156(3) Code of Criminal Procedure and further directed to conduct proper investigation again by another Police Officer through the Assistant Commissioner of Police, Central Crime Branch and file a report.