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R.REGUPATHI
K. Rajini – Appellant
Versus
Inspector of Police, Team-III, CCB, Chennai – Respondent


Advocates:
For Petitioner: Mr.R.Karthikeyan, Mr.S.Doraisamy for M/s.N.Raja Senthoor Pandian
For Respt: Mr.J.C.Durairaj, G.A.
For Intervener : Mr.K.P.Ananthakrishnan

R. REGUPATHI, J.: At the time of passing orders in the above petitions on previous occasions and while taking up similar such matters for inquiry, the attention of this Court was drawn to the illegal practice adopted by some of the Magistrates mechanically passing orders without application of mind directing for registration of criminal case and police investigation in matters of civil nature. Since the issue relates to propriety of the subordinate judiciary and such erroneous and illegal orders are passed in spite of repeated cautioning by the Supreme Court and this Court, taking serious note of the same, these petitions were directed to be listed for further orders to-day.

2. It is stated that, in many private complaints preferred, where the dispute between the parties is purely of civil nature or the allegations do not disclose commission of any cognizable offence so as to pass an order under Section 156(3) Cr.P.C., cryptic one line orders for police investigation are being passed by some Magistrates. Some of those complaints should have been dismissed in limini at the fist sight or the Magistrate concerned could have himself taken up the proceedings as provided in Chapter XIV




















































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