KALIAPERUMAL ALIAS PERUMAL Vs. K RAMESH

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition to set aside the order dated 15. 03. 2007 passed in Criminal Revision Petition No. 12 of 2006 on the file of the Principal Sessions Judge, Puducherry, confirming the order in s. T. R. NO. 6363 of 2004 dated 22. 05. 2006 on the file of Judicial Magistrate II, puducherry and allow the Criminal Original Petition.

(2.) THE Prosecution case is that the petitioner/defacto complainant lodged a criminal case with the Respondent Police against the 1st and 2nd respondents herein who are the son and daughter-in-law of the defacto complainant. The said case was registered for an alleged offence under section 427 and 506 (ii) of indian Penal Code. The case came up for hearing on 22. 05. 2006 before the learned magistrate, when the accused A1 and A2 were present. The prosecution failed to produce eyewitnesses before the Court to examine, inspite of sufficient opportunities being given. Originally the case was registered on 29. 08. 2004. For about 2 years the prosecution case was pending. So the learned Magistrate could not find any progress in the case and stopped the proceeding under section258 of criminal Procedure Code. The Defacto complainant/ petitioner had filed Criminal revision Petition No. 12 of 2006 to set aside the order of the learned magistrate. The learned Sessions Judge discussed details about the nature of the offence and learned Sessions Judge passed order on merits and confirmed the order of the Learned Magistrate, who passed the order under section 258 Criminal procedure Code.

(3.) CHALLENGING this order, the petitioner has filed the above Criminal Original petition to set aside the order of the Learned Subordinate Court Judicial officers.