JUDGMENT :

(Prayer: Criminal Revision Petition filed under Section 397 r/w Section 401 of the Code of Criminal Procedure, to call for the records of the order dated 04.10.2021 in Crl.M.P.No.169 of 2021 in C.C.No.231 of 2021 on the file of the Chief Judicial Magistrate, Villupuram and set aside the same.

1. This Criminal Revision Petition has been filed to call for the records of the order dated 04.10.2021 in Crl.M.P.No.169 of 2021 in C.C.No.231 of 2021 on the file of the Chief Judicial Magistrate, Villupuram and set aside the same.

2. The respondent police registered a case against the petitioner and yet another in Crime No.1 of 2021 for the offence under section 354(A) (2), 341, 506(i) IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act. After completing investigation, laid a charge sheet before the Chief Judicial Magistrate, Villupuram. The learned Chief Judicial Magistrate taken cognizance of the case in C.C.No.321 of 2021. During pendency of C.C.No.321 of 2021, the petitioner herein filed the petition in Crl.M.P.No.169 of 2021 before the Chief Judicial Magistrate, under section 322 Cr.P.C., to refer the said case from the file of the Chief Judicial Magistrate Court, Villupuram to the file of the concerned Magistrate Court, which is having the territorial jurisdiction, as per the provisions of Code of Criminal Procedure. The learned Chief Judicial Magistrate, has taken the petition on file in Crl.M.P.No.169 of 2021 and after hearing the parties and perused the materials, dismissed the petition. Challenging the said order passed by the Chief Judicial Magistrate in Crl.M.P.No.169 of 2021, the petitioner filed the present Revision Case, before this Court.

3. The learned counsel for the petitioner would submit that the respondent police filed F.I.R as well as the charge sheet before the Chief Judicial Magistrate, Villupuram. The learned Chief Judicial Magistrate does not have the jurisdiction to deal with the case as per law. The stand taken by the respondent before the Chief Judicial Magistrate Court, Villupuram was based on the circular issued by this Court in ROC.No.2250/2009/G4 dated 06.05.2010 and the learned Chief Judicial Magistrate, Villupuram has issued a notification dated 05.07.2010 under section 14(1) of Cr.P.C and assumed jurisdiction for all CBCID matters in the district of Villupuram.

4. The learned counsel for the petitioner would further submit that it was brought notice of the learned Chief Judicial Magistrate, Villupuram that the powers and jurisdiction of the Judicial Magistrate having local jurisdiction, cannot be usurped by any circular or any notification issued in pursuance of circular as per the law laid down in Karuupa Gounder & Others Vs. D.Sekar reported in 2012 (3) CTC Page No.379. Further, he would submit that the alleged offences have taken place between Namakkal to Ulundurpet and the alleged offence was occurred and completed in Ulundurpet. Likewise the second part of the alleged offence occurred and was completed in Chengalpet Toll. F.I.R as well as final report ought to have been filed either before the Judicial Magistrate, Namakkal or Ulundurpet or Chengalpet and under no circumstances, it could be filed before the learned Chief Judicial Magistrate, Villupuram and as such, the entire proceedings are vitiated. He further submitted that the learned Chief Judicial Magistrate, Villupuram without considering the contents putforth on merit, dismissed the petition by an order dated 04.10.2021, which is not in accordance with law. Therefore, he has filed the present Revision Case, before this Court.

5. The learned State Public Prosecutor would submit that in all the cases which were investigated by the CBCID, charge sheet would be filed before the Chief Judicial Magistrate of the respective districts and as per the order of this Court in R.O.C.No.2250/2009/G4 dated 06.05.2010, the Chief Judicial Magistrate Court, Villupuram has been designated to exercise all or any of the powers of the Ma