DURAI KANNU NAICKER Vs. STATE

JUDGEMENT

(1.) THE above Criminal Revision Case is filed against the order of the learned Judicial Magistrate, Alandur in Crime No. 1082/1997 dated 29. 12. 2000.

(2.) ON a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that it is a case which was originally registered by the respondent police for the commission of offences under sections 420 and 406 IPC in Crime NO. 1082/1997. The respondent having investigated into the said case has referred the same as mistake of fact and has sent intimation to the Court wherein the FIR is pending. The learned Judicial Magistrate, Alandur on such receipt of the same, has passed an order on 29. 12. 2000 to the effect that "fir is struck off from the FIR Register as per the request of Inspector". It is only against this remark offered in the order passed by the learned Judicial Magistrate, Alandur, the petitioner has filed the above Criminal Revision Case on certain grounds.

(3.) THOUGH the police have got every right to file a referred charge sheet, while filing the same, the police are supposed to issue notice to the de facto complainant. The police have to file RCS along with acknowledgment of the copy of RCS by the de facto complainant, so that, the complainant would also be in a position to file objection petition in the form of private complaint before the same Magistrate which is the right of the petitioner guaranteed under law. The petitioner's grievance is that the procedure adopted on the part of the police and the Judicial Magistrate as well are faulty in which the petitioner is not at all able to understand as to what happened in the case registered on his complaint and therefore, would testify the validity of the order passed by the learned Magistrate.