A.P. BASKARAN Vs. SUB

JUDGEMENT

(1.) The petition is directed against the order dated 18th April, 1990 of the Chief Judicial Magistrate, Vellore dismissing Crl.M.P.No.1946 of 1989 in refusing to withdraw C.C.No.561 of 1989 from the file of Judicial Magistrate No.II, Thiruvannamalai, besides awarding costs of Rs. 200.00 to the respondents 2 to 5.

(2.) The petitioner appeared to have given a complaint to the Sub- Inspector of Police, Vattavalam Police Station (first Respondent herein), in respect of an occurrence said to have happened on 5.1.1988, against respondents 2 to 5, which was registered in Crime No.2/86 and after completion of investigation, a final report under Sec. 173(2) had been filed before Court under Sec. 506 Part II I.P.C. against respondents 2 to 5 and the case is now pending before the Judicial Magistrate No.II, Thiruvannamalai. The petitioner filed the aforesaid Crl.M.P. before the Magistrate under Sec. 410 Crl.P.C. praying for withdrawal of the said case.

(3.) Learned counsel for the petitioner would make two submissions revolving on the questions of (1) competence of the Judicial magistrate No.II, Thiruvannamalai to try the case; and (2) illegal exercise of power by the Chief Judicial Magistrate, Vellore in awarding costs.