K DHAMODHARAN Vs. R V NARBABI

JUDGEMENT

(1.) THE petition is filed seeking quashment of the criminal proceedings in P.R.C.No.38 of 2005 on the file of the learned Judicial Magistrate No.I, Thanjavur.

(2.) THE respondent/complainant preferred a complaint before the Court of the Chief Judicial Magistrate, Kumbakonam, which was formerly the Human Rights Court, under Section 2 (d) of the Protection of Human Rights Act r/w Section 200 of the Code of Criminal Procedure. THEreafter, the entire records in the case was sent to the Court of the Principal District Judge, Thanjavur which was notified as the Human Rights Court in the District of Thanjavur. THE latter chose to send the entire case records to the Judicial Magistrate No.I, Thanjavur to adhere to the committal proceedings, as the Human Rights Court was not vested with the power to take up the private complaint directly on file without committal proceedings.

(3.) AS the committal proceedings are in progress, the present petition has been filed by the accused seeking quashment of the whole proceedings in P.R.C.No.38 of 2005 on the file of the learned Judicial Magistrate No.I, Thanajavur.