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2006 Supreme(Mad) 3045

M.JEYAPAUL
K. Dhamodharan – Appellant
Versus
R. V. Narbabi – Respondent


Advocates Appeared:
For the Petitioner:S. Nagamuthu, Advocate.
For the Respondent:K. Thirumalairaj, Advocate.

Judgment :-

The petition is filed seeking quashment of the criminal proceedings in P.R.C.No.38 of 2005 on the file of the learned Judicial Magistrate No.I, Thanjavur.

2. Therespondent/complainant preferred a complaint before the Court of the Chief Judicial Magistrate, Kumbakonam, which was formerly the Human Rights Court, under Section 2 (d) of the Protection of Human Rights Act r/w Section 200 of the Code of Criminal Procedure. Thereafter, the entire records in the case was sent to the Court of the Principal District Judge, Thanjavur which was notified as the Human Rights Court in the District of Thanjavur. The latter chose to send the entire case records to the Judicial Magistrate No.I, Thanjavur to adhere to the committal proceedings, as the Human Rights Court was not vested with the power to take up the private complaint directly on file without committal proceedings.

3. Thesum and substance of the complaint is that the petitioner/accused herein, who was serving as Station House Officer at Thanjavur Town East Police Station, entertained a false complaint given by one Ashokkumar in connection with the introduction of one Sethu Ramachandran by the complainant to the said Ashokkum


























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