K. S. RAVICHANDRAN Vs. VENKATESAN

JUDGEMENT

(1.) This revision has been filed to call for the records and to set aside the order passed by the Judicial Magistrate, Rajapalayam, in Crl.M.P. No. 2043 of 2020 in C.C.No. 442 of 2016, dated 18.12.2020 .

(2.) The revision petitioner is the defacto complainant and the respondents 1 and 2 are the accused in the case in C.C.No.442 of 2016. The respondents 1 and 2 filed a discharge petition in Crl.M.P.No. 2043 of 2020, before the Judicial Magistrate, Rajapalayam, Vimdhunagar District and that petition was allowed by the Judicial Magistrate. Against the same, the petitioner preferred this Revision.

(3.) On the side of the revision petitioner, it is stated that the petitioner lodged a private complaint in the year 2016 and the same was taken on file as C.C.No.442 of 2016 on the file of the Judicial Magistrate, Rajapalayam. The respondents fabricated some documents regarding the property and they committed theft of fencing materials placed by the revision petitioner and the respondents scolded the revision petitioner in filthy language, hence, the petitioner filed a private complaint in C.C.No.442 of 2016. Initially, the respondents filed a discharge petition in Cr.M.P.No.11792 of 2018 and the same was dismissed on 04.12.2018. Against the same, the respondents filed a quash petition in Crl.O.P.(MD)No.3010 of 2019 and that petition was dismissed by this court on 17.10.2019 and this Court has directed the trial Court to complete the trial, preferably, within a period of six months. Again, the respondents approached this Court by way of another quash petition, in Crl.O.P.(MD)No.l273 of 2020 and the same was dismissed by this Court, in the admission stage itself, on 27.01.2020 and this Court again directed the trial Court to complete the trial within a period of six months. Suppressing all the earlier proceedings, the respondents filed another discharge petition in Crl.M.P. No. 2043 of 2020, before the Judicial Magistrate, Rajapalayam and that petition was allowed by the Magistrate. Hence, the second discharge petition, in Crl.M.P. No. 2043 of 2020, dated 18.12.2020, is liable to be set aside.