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1996 Supreme(Mad) 1021

KARPAGAVINAYAGAM
K. Muralidhar – Appellant
Versus
Kishore Kumar P. Jain and Others – Respondent


Advocates:
G. Krishnan, Senior Counsel, for M.V. Venkataseshan, for Petitioner.
K. Packiaraj, for Respondents.

Judgment :

An important question of law, that too, of general importance is raised in these revisions. The question is this:

When the trial court is approached under Sec.340, Crl.P.C, requesting the said court to file the complaint against a person under Sec.195, Crl.P.C, can the court dismiss the same, without conducting a preliminary enquiry as required under Sec.340, Crl.P.C?

2. The petitioner Muralidhar was an accused in C.C. No.1883 of 1986, on the file of Additional Chief Metropolitan Magistrate, Madras, in the case filed by the police for the offences under Secs.406 and 420, I.P.C., on the complaint of the 1st respondent Kishore Kumar P.Jain. After trial, the petitioner was acquitted on 3. 1989. Then he filed petitions in Crl.M.P. Nos. 184 to 186 of 1990, on 12. 1990, under Sec.340, Crl.P.C., requesting the court to exercise its powers under Sec.195, Crl.P.C, to present a complaint in writing to anyone of the Court of Metropolitan Magistrate, in Madras, for taking cognizance of the offences under Sec.211 read with 120-B, I.P.C, against the respondents alleging that the 1st respondent Kishore Kumar P. Jain, in pursuance of the conspiracy hatched with the other respondents gave


































































































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