S THIYAGRAJAN Vs. AYYAMPERUMAL

JUDGEMENT

(1.) This is a petition filed by S. Thiyagarajan, A8, under Section 482, Criminal Procedure Code set aside the order passed by the learned Sessions Juqge, Kanyakumari, in Criminal R. P. 22/81.

(2.) The petition arises under the following circumstances. The respondent Ayyamperumal had filed a complaint against the petitioner and 14 others for alleged offences under Section 500 read with Sections 34 and 109, Indian Penal Code before the learned Chief Judicial Magistrate, Kanyakumari at Nagercoil. The learned Magistrate recorded the sworn statement from the complainant and dismissed the complaint under Section 203, Criminal Procedure Code holding no case is made out under Section 500, Indian Penal Code and that the complainant had not brought any other witness for examination on that day.

(3.) Aggrieved by the said order of the learned Magistrate, the respondent filed Criminal R. P. 22 of .1981 before the learned Sessions Judge, Kanyakumari at Nagercoil without making the petitioner and the other accused as part its. The learned Sessions Judge, after hearing the respondent and on the basis of the concession made by the learned Public Prosecutor, allowed the revision petition and directed the learned Magistrate to take the complaint on file. Accordingly, the Magistrate numbered the complaint as C. C. No. 265 .of 1982 and issued summons to the petitioner herein and the other accused.