S K PACKIARAJ Vs. T V MATHAN KUMAR

JUDGEMENT

(1.) The revision petitioner questions the order of remand made made by the appellate Court in C.A.No.56 of 2007 on the file of the I Additional Sessions Judge, Madurai.

(2.) The respondent herein one T.V.Mathankumar filed O.S.No. 105 of 2001 before the District Munsif Court, Melur seeking the relief of injunction restraining the defendants therein from dispossessing him except by due process of law. The respondent had described himself as the Correspondent of Mother Mary Matriculation School. The revision petitioner herein was described as the power agent of one Regina Chandraraj and shown as the defendant in the said suit. The said suit ultimately came to be dismissed on 29.07.2003. The revision petitioner herein thereupon filed I.A.No.132 of 2003 in the said suit and wanted the trial Court to initiate prosecution against the respondent herein. The said petition was filed under Section 195 (1)(b)(i) read with Section 340 of Cr.P.C. The matter was fully enquired and the trial Court by order dated 03.11.2004 recorded a finding adverse to the respondent herein and made a complaint in writing to the Judicial Magistrate, Melur. The said petition was apparently taken on file by the learned Judicial Magistrate, Melur.

(3.) In the meanwhile, the respondent herein filed C.A.No.112 of 2005 before the Additional District Sessions Judge, Fast Track Court No.3, Madurai, questioning the decision of the trial Court in lodging a complaint under Section 340 of Cr.P.C. The said criminal appeal was dismissed on 16.09.2005. The Judicial Magistrate, Melur ought to have proceeded in the matter by treating the District Munsif, Melur as the complainant. Instead, the revision petitioner herein was treated as a complainant. After despatching the complaint in writing to the Judicial Magistrate, Melur, the complaining Court went into a limbo. This is patently evident from the fact that it was Thiru.M.Patturajan, learned counsel, who prosecuted the respondent herein in C.C.No.83 of 2005 on the file of the Judicial Magistrate, Melur. The Public Prosecutor is nowhere in the picture.