MURUGESHWARI @ YOGESWARI Vs. STATE

JUDGEMENT

(1.) This petition has been filed against the order passed in Cr.M.P.No.2729 of 2018 dated 23.03.2020, on the file of the learned Judicial Magistrate, Mudukalathur.

(2.) The petitioner is A2 in a case registered as Crime No.6 of 2018 and the same was taken up as S.T.C.No.76 of 2020. The second respondent is the defacto complainant. The defacto complainant has filed a protest petition in Crl.M.P.No. 2729 of 2018 against the chargesheet filed in S.T.C.No.76 of 2020. The learned Judicial Magistrate, Mudukalathur allowed the petition and ordered to issue summons to A2 to A4 and permit the prosecution to file a petition under Section 311 of Cr.P.C. Against that order, the petitioner has preferred this Criminal Revision Case.

(3.) On the side of the petitioner, it is stated that the petitioner was not available in the place of occurrence. Without issuing notice to the petitioner, the learned Judicial Magistrate passed the impugned order. The evidence of L.W.4, L.W. 5 and L.W.6 clearly reveals that the petitioner was not in the scene of the occurrence. L.W.4 to L.W.6 were cited as eye witnesses in the case. The petitioner was not given opportunity to put forth the merits of his case. Only due to previous enmity, a false case was filed and prayed the impugned order to be set aside.