V. KUMARESAN Vs. SIVASUBRAMANIA MARTHANDAN

JUDGEMENT

(1.) THIS matter has been listed today for admission.

(2.) THE complainant in C.C. No. 326 of 2012 on the file of the learned Judicial Magistrate No. 2, Virudhunagar is the petitioner in the criminal revision case. He initially filed a petition under Section 156(3) Cr.P.C., obtained an order from the said Magistrate for referring his complaint to the police for registration of a case and investigation. Accordingly, a case was registered in crime No. 27 of 2011 on the file of the District Crime Branch, Virudhunagar. After investigation, a final report was submitted for the closure of the said case as 'Mistake of Fact'. Thereafter, the petitioner herein preferred a complaint under Section 200 Cr.P.C. before the learned Judicial Magistrate No. 2, Virudhunagar, with a view that the said Judicial Magistrate would take cognizance of the offence alleged in the complaint and initiate prosecution against the respondents 1 to 3 herein.

(3.) AFTER the completion of the inquiry under Section 202 Cr.P.C., the learned Judicial Magistrate No. 2, Virudhunagar considered the statements given on oath by the revision petitioner/complainant and the witnesses produced by him and also the statements recorded during the enquiry contemplated under Section 200 Cr.P.C. and formed an opinion that there were no sufficient grounds for proceedings against the respondents 1 to 3/accused. Accordingly, the learned Judicial Magistrate, by the impugned order dated 13.06.2014, dismissed the above said complaint of the revision petitioner/complainant under Section 202 Cr.P.C. As against the said order, the present revision has been filed under Section 397 read with 401 of Cr.P.C.