PEVULMENICKEM Vs. M S JEYACHANDRAN

JUDGEMENT

(1.) THE learned Judicial Magistrate, Thiruvaiyaru, passed an order in C. M. P. No. 639/2006 on 6-2-2006, returning the petitioner's complaint without taking cognizance. Aggrieved against that, the petitioner has filed the present Criminal Revision Petition. The impugned order has been passed on the following grounds :

(2.) THE learned counsel for the petitioner submits that there is no irregularity in the private complaint and the reasons given by the learned Magistrate in dismissing the private complaint at the initial stage itself is unsustainable and liable to be set aside. The learned counsel for the petitioner relied on the judgment of the Supreme Court V. Raja kumari v. R. Subbarama Naidu and Anr. . The relevant portion of the said judgment is extracted below :

(3.) I have carefully perused the material available on record and heard the submissions made. In view of the above judgment of the Supreme Court and considering the facts and circumstances of the case, the impugned order is set aside and the revision is allowed as prayed for. The learned Judicial Magistrate, Thiruvaiyaru, is directed to take the petitioner's complaint on his file and proceed with in accordance with law. Revision allowed.