K CHANDRAN Vs. CHELLAPPA MUDALIAR

JUDGEMENT

(1.) Petitioner Chandran is A-2 in C.C. No. 108 of 1992, pending on the file of Judicial Magistrate No. II, Arakonam, along with another. He is being prosecuted for having allegedly committed an offence punishable under Section 500,IPC on the basis of a private complaint initiated by respondent Chellappa Mudaliar.

(2.) In this petition preferred under Section 482, Cr1. P.C. to call for the records and quash the pending prosecution is not maintainable and an abuse of process of Court. Mr. N. Jothi, learned Counsel appearing on behalf of the petitioner, submitted that the mandate contained in Section 200, Cr1. P.C. has not been followed for apart from the examination of the respondent, Magistrate had not shown, if any witnesses were present to be examined. Therefore, according to Mr. N. Jothi issue of process under Section 204, Cr1. P.C. without following the provision under Section 200, Cr1. P. C. will have to be held to be a nullity.

(3.) Though the respondent had been served long back, he has not chosen to appear before this Court either in person or through Counsel. Hence, I have no alternative other than disposing of this original petition on its inherent merit in the absence of the respondent.