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1953 Supreme(Mad) 233

SOMASUNDARAM
In re Dr. P. M. Kamath – Appellant
Versus
. – Respondent


Advocates Appeared:
G. Gopalaswami, for Petitioner; Asst. Public Prosecutor, for the State.

Judgement

ORDER :- This is a revision filed against the order of the Stationary Sub Magistrate, Bhavani. The petitioner herein preferred two complaints against one N. Chidambaram Mudaliar, an inspector of Police before the Sub Divisional Magistrate, Gobichettipalayam, one complaint was made on 22-4-1950 and the other on 2-11-1950. Both were made before the same Sub Divisional Magistrate. In both the cases, Chidambaram Mudaliar, the Inspector of Police was discharged. The said Chidambaram Mudaliar thereafter moved the police to file a charge sheet against the petitioner herein under S. 47 of the Madras District Police Act. A petition was, thereupon, filed in this court to quash those proceedings on the ground that complaint by the Sub Divisional Magistrate under S. 195(1)(b) of the Criminal Procedure Code was necessary. The petition came on for hearing before Ramaswami, J. who dismissed the petition but observed that that was not the stage when the High Court will interfere and the points taken must be taken before the trial court and the trial court should take into consideration these objections as and when they had to be considered and dispose of the case according to law.

In an ea





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