A PACKIARAJ SELVARAJ Vs. D PRATHAP

JUDGEMENT

(1.) The petitioner has filed the above revision against the orders passed by the learned Judicial Magistrate, Manamadurai in Criminal M.P. No. 3031 of 2001 in C.C. NO.630/2000 dismissing the petition filed by the petitioner herein in dropping proceedings against him.

(2.) The facts of the prosecution case is that the petitioner had given a complaint on 21.3.1993 to the Sub Inspector of Police, Manamadurai Police Station against the respondent and other persons for having committed offences under Sections 147, 148, 427, 447, 452 read with 149 IPC (the details of which may not be necessary for the purpose of disposing of this petition). The said report was registered as Crime No.136 of 1993 by the Sub Inspector of Police, Manamadurai Police Station. After investigation, charge sheet was laid against the accused viz., the respondent herein in C.C. No.1008/1997 before the Judicial Magistrate-I, Sivagangai. The matter was taken on file. The petitioner herein was examined as PW.1 and he turned hostile. The other witnesses were not examined and the learned Magistrate pronounced an order of acquittal on 17.7.1998. After the acquittal, the respondent herein filed a private complaint before the Additional District Munsif Cum Judicial Magistrate, Manamadurai in C.C. No.630/2000 against the petitioner and others for offences under Sections 499 and 500 IPC. The said complaint was taken on file on 31.3.2000.

(3.) The petitioner filed a petition to drop proceedings holding that the prosecution has not made a prima facie case though the allegation in the complaint constituted an offence. The learned Judicial Magistrate on going through the petition found that there were no materials available as against the other accused but in respect of this petitioner alone, the petition had been taken on file stating that there are materials and held that since cognizance had already been taken, he would not drop the proceedings. It is as against the said order, the present petition has been filed.