SANTHANAKUMAR Vs. STATE

JUDGEMENT

(1.) The Criminal Revision Case is directed against the order, dtd. 19/3/2021 in C.C.No.696 of 2022 on the file of the learned District Munsif cum Judicial Magistrate, Ottappidaram, taking cognizance of the case.

(2.) The petitioner is the sole accused in C.C.No.696 of 2022, on the file of the Court of District Munsif cum Judicial Magistrate, Ottapidaram. On the basis of the complaint lodged by the second respondent, FIR came to be registered in Crime No.31 of 2018 on 13/5/2018 against the petitioner herein for the offences under Ss. 294(b), 354 and 506(i) IPC. The first respondent, after completing the investigation, has laid a final report, dtd. 27/5/2018, referring the matter as mistake of fact. After receipt of RCS notice, the second respondent has filed an objection petition under Sec. 173(8) of code of Civil Procedure, seeking further investigation to be conducted by some other police station or to take the said objection petition as a private complaint and to proceed further.

(3.) The learned Judicial Magistrate has passed the impugned order, dtd. 19/3/2021, rejecting the police report and ordered for taking cognizance of the case for the alleged offence under Sec. 354(A)(f)(ii) IPC and for issuance of summons to the petitioner/accused.