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K. K. RAMAKRISHNAN
R. Kathiresan – Appellant
Versus
K. Kalaichelvan @ Dhanush K. Raja – Respondent
ORDER :
K.K. Ramakrishnan, J.
[PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records in connection with Cr.M.P.No.393 of 2019 on the file of the Learned Judicial Magistrate No.VI, Madurai and set aside the order dated 05.12.2020 and restore the petition on the file of the Learned Judicial Magistrate and direct to take the case on the file of Judicial Magistrate No.VI, Madurai.]
The revision petitioner, who is the defacto complainant, filed this Criminal Revision Case challenging the dismissal of the petition filed under Section 156 Cr.P.C., to take action against the first respondent.
2. Earlier, the petitioner initiated proceedings against the first respondent in M.C.No.15 of 2016 on the file of the learned Judicial Magistrate, Melur, claiming monthly maintenance of Rs.65,000/-. In the said petition, the petitioner has alleged that he is the father of the first respondent, who is bound to maintain the petitioner. The first respondent filed a counter denying the relationship. He stated that he is the son of one Kasthuri Raja and his name is Dhanush and not as alleged by the petitioner. The first respondent has specifically state
The court established that allegations of forgery must be supported by concrete evidence, and the Magistrate has a duty to filter out frivolous complaints to protect individuals from unwarranted lega....
Revision maintainable against dismissal of Section 156(3) CrPC application; prior police complaints evidenced by postal receipts satisfy precondition; forgery to obtain scheme benefits discloses cogn....
Petitioner has not been confined for illegal purpose amounting to commission of offence. As such, the petitioner cannot take advantage of the liberty granted to him by filing the complaint under Sect....
The duty of the Magistrate to apply judicial mind while directing the registration of FIRs, and the consequences of filing frivolous and vexatious proceedings.
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