ARUNACHALAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petition is filed challenging the impugned order passed by the learned Judicial Magistrate No. VI, madurai in R. C. S. No. 105/2006 in Crime no. 185/2003 on the file of Nagamalai pudukkottai police station. The petitioner filed a complaint before the learned judicial Magistrate No. VI, Madurai alleging that the counter party committed offences punishable under Sections 365, 506 (I)I. P. C. , read with Section 5 and 6 (i) and (ii)of the Child Marriage Restraint Act.

(2.) THE learned judicial Magistrate No. VI, madurai chose to refer the complaint under section 156 (3) of the Code of Criminal procedure for registration and also for investigation of the case by the Nagamalai pudukkottai Police Station. The said police station having investigated the matter filed a final report on 11. 7. 2004. The learned Judicial magistrate No. VI, Madurai having observed that there was no representation on the side of the de facto complainant in spite of the fact that final notice was duly served on him, accepted the final report laid as mistake of fact and closed the criminal proceedings initiated by the petitioner herein.

(3.) THE learned counsel for the petitioner would submit that no notice was served on the petitioner herein. Further, he would submit that no speaking order was passed by the learned Judicial Magistrate while accepting the final report filed by the respondent police classifying the case as mistake of fact.