A. OCHATHEVAR Vs. STATE

JUDGEMENT

(1.) The Criminal Revision Case is directed against the order passed by the learned Judicial Magistrate, Vadipatti in Cr.M.P.No.532 of 2018 in C.C.No.767 of 2017, dtd. 28/6/2022.

(2.) The petitioners are the proposed accused. On the basis of the complaint lodged by the second respondent/defacto complainant, FIR came to be registered in Crime No. 20 of 2013, dtd. 9/6/2013 against five person, including the petitioners herein for the offence under Ss. 498(A) and 406 IPC. The first respondent, after completing the investigation, has laid a final report under Sec. 173 Cr.P.C, dtd. 25/2/2014, against one person Kannan, who is the husband of the second respondent/defacto complainant for the alleged offences under Ss. 498(A) and 406 IPC and thereby deleting the name of the petitioners, who were shown as accused in the FIR. After filing of charge sheet, the same was taken on file in C.C.No.767 of 2017 and is pending on the file of the Court of Judicial Magistrate, Vadipatti.

(3.) The second respondent, after coming to know about the deletion of the petitioners in the charge sheet, has filed a protest petition in Cr.M.P.No.532 of 2018 and the learned Magistrate, after enquiry, has passed an order, dtd. 31/5/2018, dismissing the said petition. Aggrieved by the said order of dismissal, the second respondent/defacto complainant has preferred a revision in Cr.R.C.No.51 of 2018 and the learned VI Additional District and Sessions Judge, Madurai, upon hearing the arguments of the learned counsel on either side, has passed an order, dtd. 9/4/2019, setting aside the order passed in Cr.M.P. No.532 of 2018, dtd. 31/5/2018, directed the trial Court to take the said petition again on file and to conduct enquiry and pass orders.