P S PERUMAL Vs. SUBAIAH

JUDGEMENT

(1.) This Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to set aside the Judgments passed by the learned Additional District Judge, Fast Tract Court No.I, Tirunelveli, Tirunelveli District, in Crl.R.C.No.74 of 2010, dated 18.01.2011, and the order passed by the learned Chief Judicial Magistrate, Tirunelveli, in Crl.M.P.No.1798 of 2010, dated 16.09.2010, on the file of the learned Chief Judicial Magistrate, Tirunelveli, Tirunelveli District.

(2.) The brief facts of the case as follows:

(3.) The learned Senior Counsel appearing for the petitioner submitted that the exercise undertaken by the learned Chief Judicial Magistrate, Tirunelveli, is illegal and it is not procedural as established by law. He further submitted that at the initial stage, the learned Chief Judicial Magistrate, Tirunelveli, has to consider whether there is a prima facie case made out or not. The learned Senior Counsel further submitted that the learned Magistrate is not entitled to discuss the pros and cons of the case while taking a complaint on file whether prima facie case is made out by the petitioner against the accused persons or not. He further submitted that the learned Chief Judicial Magistrate,Tirunelveli has elaborately considered the matter and dismissed the complaint is unsustainable in law. The revisional Court also committed various errors while considering this case. Hence, he approached this Court under Section 482 Cr.P.C., since both the Courts below have committed serious errors in law.