R RAJENDRAN Vs. V S S METAL CONTAINERS

JUDGEMENT

(1.) THIS petition has been filed to call for the records relating to Cr.No.521 of 2007 on the file of the second respondent and quash the same.Heard both sides.

(2.) THE background facts absolutely necessary for the disposal of this petition would run thus: THE second respondent/complainant lodged a complaint with the learned Judicial Magistrate No.II, Virudhunagar, as against the accused who are the petitioners herein, for the offences under Sections 406, 420 read with Section 34 I.P.C.

(3.) SINCE, ex facie and prima facie, there is impropriety in the procedure adopted by the police in registering the F.I.R based on the communication from the Magistrate under Section 202 Cr.P.C, I called for explanation from the Magistrate as to whether the communication sent was under Section 202 Cr.P.C or under Section 156(3) Cr.P.C.