V LOGANATHAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) ADMIT. Mr. Hasan Mohamed Jinnah, learned Government Advocate (Crl. Side) taken notice for the respondent. With consent of the learned counsel on either side, the criminal original petition itself is taken up for final disposal.

(2.) THE learned counsel for the petitioner submitted that the petitioner filed a complaint before the 1st respondent against respondents 2 and 3 alleging that the accused have forged certain documents and filed the same before the District Munsif cum Judicial Magistrate, Ambattur in a suit for permanent injunction filed against the petitioner and the suit ended in dismissal the accused had fabricated a lease agreement and produced the same in order to obtain an exparte order of injunction therefore, the accused were charged under Sections 465, 467, 471, 473, 192, 193 and 196 IPC the 1st respondent registered a case for the said offence in Crime No.1993 of 2002. But after completing the investigation, the 1st respondent referred the case as Civil in nature. On receipt of the RCS notice, the petitioner filed a protest petition before the XIII Metropolitan Magistrate, Egmore. But the protest petition has been dismissed by the learned Magistrate by order dated 02.05.2008 by observing that when the offences alleged have been committed in respect of a document produced or given as evidence in a proceeding in any court, without a complaint in writing of that Court by such officer of that Court as the Court may authorise in writing in that behalf or of some other Court to which that Court is subordinate, no cognizance can be taken. Being aggrieved by that order, the above revision has been filed.

(3.) I have considered the said submissions made on either side.