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2015 Supreme(SC) 225

FAKKIR MOHAMED IBRAHIM KALIFULLA, SHIVA KIRTI SINGH
M. Mahendar Kumar – Appellant
Versus
M. Mani – Respondent


Judgment

Shiva Kirti Singh, J.

1. Heard learned counsel for the parties. Leave granted.

2. The appellant is an accused in a complaint case bearing Crime No.147 of 2009 pending in the file of learned Judicial Magistrate at Gingee, Tamil Nadu. He is aggrieved by impugned order dated 10.01.2014 passed by the High Court of Judicature at Madras in a petition under Section 482 of the Code of Criminal Procedure (for brevity, ‘Cr.P.C.’) bearing Crl.O.P.No.707 of 2014 preferred by the de facto complainant, respondent no.1 herein, whereby the Crime No.147 of 2009 has been treated as pending before the Deputy Superintendent of Police, Villupuram District, Tamil Nadu and as such transferred to the file of CBCID, Chennai for investigation.

3. The facts relevant for deciding this appeal may be noted in brief as follows. The first respondent, Mr. Mani, an assistant of Thiru Kadambapathy Thiru Madam/Mutt lodged a complaint with the Sathyamangalam Police Station alleging that unknown persons had stolen jewels of the Mutt. His complaint led to F.I.R. No.147 of 2009 registered against unknown persons for offences under Sections 457, 380 and 394 of Indian Penal Code (IPC). The de facto complainant/respond






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