S MUKANCHAND BOTHRA Vs. SHIVAJI RAO GAIKWAD @ RAJINIKANTH

JUDGEMENT

(1.) One Mr.S.Mukanchand Bothra, through his Power Agent Mr.Gagan Bothra has filed this Criminal Revision Case, challenging the order of the learned Magistrate in unnumbered C.C.No. of 2015, dated 12.04.2017 on the file of the learned VIII Metropolitan Magistrate, George Town, Chennai.

(2.) It is the case of the petitioner is that he has filed the complaint and sworn statement recorded by the learned VIIIth Metropolitan Magistrate, George Town, Chennai and thereafter, when the petitioner has filed a Transfer Petition against unnumbered C.C.No. of 2015 before the learned Chief Metropolitan Magistrate, Chennai and while pending the same he has dismissed the complaint in unnumbered C.C.No. of 2015.

(3.) The petitioner has filed the petition before the learned Chief Metropolitan Magistrate, Chennai to transfer the said complaint which was numbered in Crl.M.P.No.5412 of 2015 pending before the learned VIIIth Metropolitan Magistrate, George Town, Chennai under Section 410 of Cr.P.C., but the learned Magistrate stated in the said order that the complainant has not produced any stay order, therefore, he proceed the case. Apart from this, the learned Magistrate also states that there are several occasions the petitioner has not appeared before the learned VIIIth Metropolitan Magistrate and also not advanced any oral evidence, therefore, the learned Magistrate has dismissed the complaint under Section 203 of Cr.P.C., which is not proper and the learned Magistrate without following the procedure under Section 203 of Cr.P.C. passed the order. Therefore, the petitioner prays for set aside the order and remand back to the learned Magistrate for fresh consideration.