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1944 Supreme(Mad) 123

KUPPUSWAMI AYYAR
P. S. Vijayaranga Reddiar – Appellant
Versus
S. V. Muthuswami Reddiar – Respondent


ORDER

Kuppuswami Ayyar, J.

1. This is a petition to revise the order of the District Magistrate of Tinnevelly in Cri. R.C. No. 2 of 1943 on his file setting aside the order of the Joint Magistrate of Shermadevi in L. Dis. No. 5305 of 1943 on his file and directing the complaint to be proceeded with. A complaint was filed against the petitioners before this Court by the Second Glass Magistrate of Radhapuram in the Court of the Second Class Magistrate, Nanguneri, for an Offence punishable Under Section 188, Penal Code. The complaint was presented Under Section 195, Criminal P.C., and the averment was that these petitioners were guilty of having disobeyed an order passed Under Section 144, Criminal P.C., in M.C. No. 2 of 1948 on the file of the Sub-Magistrate of Radhapuram. The Joint Magistrate of Shermadevi to whom appeals from the decisions of the Sub-Magistrate of Kadhapuram lie found that the Sub-Magistrate passed the order Under Section 144 without jurisdiction and it was therefore ab initio void Under Section 530(1), Criminal P.C. He also directed the complaint to be withdrawn. One Muthuswami Reddiar filed a criminal revision petition to revise the said order of the Joint Magistra


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