A NAVIN Vs. STATE

JUDGEMENT

(1.) THE petitioner seeks to set aside the docket order dated 28.1.2008 made in un-numbered miscellaneous petition in Cr.No.164/2007 on the file of the District Munsif-cum-Judicial Magistrate, Kodumudi, Erode District.

(2.) BY consent, the petition has been taken up for final disposal.

(3.) THE learned government advocate on the criminal side submitted that the Apex Court has time and again pointed out that once the R.C.S. notice is served on the defacto complainant, a notice should be issued by the Court itself and he should be given an opportunity of hearing before accepting the R.C.S. notice and if a protest petition is filed by the defacto complainant, the same should be considered by the learned Magistrate on merits and proceeded further in accordance with law and hence the procedure adopted by the learned Magistrate is erroneous.