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K. K. RAMAKRISHNAN
Sivakumar – Appellant
Versus
P. Senthilkumar – Respondent
ORDER :
(K.K. Ramakrishnan, J.)
(Prayer : Criminal Revision Petition has been filed under Section 397(1) r/w 401 of Cr.P.C., to call for the records in Cr.M.P.No.08 of 2022 on the file of the learned Judicial Magistrate No.II, Thanjavur, Thanjavur District and set aside the order dated 13.12.2022.)
The petitioner filed this revision challenging the order passed in Cr.M.P.No.8 of 2022 dated 13.12.2022, by the learned Judicial Magistrate No-II, Thanjavur, Thanjavur District.
2. The brief facts of the case.
The petitioner is the partner of the partnership firm namely M/s.SS Impex. In the said partnership Firm, the first respondent is a partner. They entered into partnership agreement on 15.06.2015. The said partnership Firm was doing the export of cashewnut. The second respondent is the auditor of the said Company. The said company have the accounts in the third respondent Bank, namely, Indian Bank, Perambalur District. The first respondent, according to the petitioner, committed misappropriation of Rs.11,25,69,683/- by transferring the same to the name of his wife and other relative and friends without any loyalty and commitment. According to the petitioner, he further committed misapprop
The police are mandated to register an FIR when a complaint discloses a cognizable offence, and the credibility of the information is not a prerequisite for such registration.
The police station is bound to register an FIR when a cognizable offence is made out, and the Magistrate has wide powers under Section 156(3) of the Cr.P.C. to ensure proper investigation.
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The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
A Magistrate under Section 156(3) Cr.P.C. must direct the registration of an FIR when the complaint discloses a cognizable offence involving complex technical evidence that requires specialized polic....
The magistrate must ensure a complaint discloses a cognizable offence before directing police investigation under Section 156(3) Cr.P.C., and a detailed affidavit is required to support such applicat....
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