N. SUBRAMANIAN Vs. A. RATHINAKUMAR

JUDGEMENT

(1.) This criminal appeal has been filed seeking to set aside the order dated 11.02.2020 passed in Crl.O.P. o.2003 of 2020 and to issue an order under Section 482 Cr.P.C. to the Chief Judicial Magistrate, Tiruppur, to take the appellant's affidavit dated 31.05.2019 prepared under Sections 295 and 200 Cr.P.C. on the file of the Court to try the respondents and to punish them according to law.

(2.) When the appellant was working as Tahsildar in Dharapuram, a criminal prosecution in Special Case No.5 of 2006 was initiated against him in the Court of the Chief Judicial Magistrate, Dindigul, for the offences under Sections 467 and 468 IPC on the allegation that he had issued a false nativity certificate to one P. Subha on 13.07.1999. Challenging the said prosecution, the appellant filed a quash application invoking Section 482 Cr.P.C. in Crl.O.P. (MD) No.7606 of 2007, which was allowed by the Madurai Bench of this Court and the prosecution against him was quashed. Thereafter, the appellant filed a private complaint on 16.08.2019 before the Chief Judicial Magistrate, Tiruppur, against the respondents herein, for having initiated criminal prosecution against him. The said private complaint was not taken on file and was returned with certain queries. Challenging the same, the appellant preferred Crl.O.P.No.2003 of 2020 invoking Section 482 Cr.P.C. before this Court, which was dismissed by a learned single Judge vide order dated 11.02.2020. Challenging the said order dated 11.02.2020 passed by the learned single Judge, the instant criminal appeal has been preferred.

(3.) The Registry has entertained a doubt about the very maintainability of the appeal and hence, the matter was posted under the caption "for maintainability".