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1987 Supreme(Mad) 4

PADMINI JESUDURAI
Shanmugham – Appellant
Versus
Krishna Ramasami – Respondent


Advocates appeared:
For the Petitioner:K.N. Basha, Advocate.
For the Respondents:Balasubramaniam, Advocate.

Judgment

The present revision is by the complainant and is directed against the order of the Additional Judicial Second Class Magistrate, Erode dismissing his complaint under Sec. 204(4), Cr.P.C. preferred against the respondents herein for an offence under Sec.379, I.P.C.

2. The facts giving rise to the present revision briefly are as follows: The petitioner presented a private complaint before the above Court against the respondents for an offence under Sec.379, I.P.C alleging that on 23.3.1983 they committed theft of 6 H.P. oil engine bearing No.256 kept in his premises. After the sworn statement of the complainant was recorded the complaint was taken on file on 2.12.1983, as against all the respondents for an offence under Sec.379, I.P.C, and posted to 16.12.83 for appearance of the respondents. Thereafter, the respondents had entered appearance and the case had undergone some adjournments. P.Ws.1 to 3 had been examined on behalf of the petitioner and their cross-examination has been deferred Finally the case was adjourned for examination of the Sub Inspector of Police and the petitioner was directed to pay the process fees for issuing necessary summons to the above witness. The







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