JUDGEMENT
S.Thangaraj, J. -
(1.)CRL . O.P. No. 1764 of 1998 is filed by the accused/petitioner under Section 482 Cr.P.C. to call for the entire records relating to the orders made in Crl. M.P. No. 608/97 on the file of the Judicial Magistrate No. II, Dindigul and confirmed by the Principal Sessions Judge, Dindigul in Crl RC. No. 11/97 and to set aside the said order.
(2.)CRL . R.C. No. 328 of 1998 is filed by the accused in R.C.S. No. 4/97 on the file of the Judicial Magistrate, Dindigul to set aside the orders passed by the said Court and to pass such further orders as this Court may deem fit and proper.
The respondent Pandiyanatha Baskaran presented a complaint against the Revision Petitioner and others before the Judicial Magistrate No. II, Dindigul for the offences under Sections 465, 467 and 471 read with 34 I.P.C. and learned Magistrate forwarded the said complaint to the Inspector of Police, Kannivadi Police Station for investigation, under Section 156(3) Cr.P.C. The Inspector of Police, after due investigation submitted a final report before the said Court "dropping further action" in the matter. On 17.2.97, learned Magistrate, after hearing the parties and also on perusing the records, had passed the final order, and recorded dropping of further action in that case. On the same day the respondent Pandiyanatha Baskaran filed a protest petition and also a petition in Crl. M.P. No. 608/97 to call for the original document from the office of the Registrar. Learned Magistrate has recorded the sworn statement of the complainant as contemplated under Section 200 Cr.P.C. in Crl. M.P. No. 609/97 and posted the case on 3.3.97 for recording the statement of the witnesses under Section 202 Cr.P.C. Learned magistrate passed an order calling for original records from the Registrar. Aggrieved by the order passed by learned Magistrate in calling for the records from the office of the Registrar, the accused, who is the Petitioner herein, has filed Criminal Revision Petition No. 11/97 on the file of the Principal Sessions Judge, Dindigul and the Sessions. Judge confirmed the order passed by learned Magistrate. The petitioner has filed petition in Crl. O.P. No. 1764/98 to quash the said order. The petitioner/accused has filed Criminal Revision Case No. 328/98 to set aside the order passed in R.C.S. No. 4/97 dated 22.1.98 on the file of the Judicial Magistrate No. II, Dindigul.
(3.)THE respondent herein one Pandiyanatha Baskaran filed a complaint under Section 200 Cr.P.C. against the petitioner herein and also 3 others on the ground that they have forged the document and on the basis of which they have approached the Sub -Registrar to issue a notice to the complainant Pandiyanatha Baskaran for the compulsory registration of the said Sale Deed dated 19.9.96 and the complainant found that the signature found in the sale deed was not of his and was forged. He preferred a private complaint before the Judicial Magistrate No. II, Dindigul, which learned Magistrate forwarded to the Inspector of Police, Kannivadi Police Station under Section 156(3) Cr.P.C. for investigation and the Inspector of Police filed a report dropping further action. On 17.2.97 and learned Magistrate heard both sides and recorded the report filed by the Inspector of Police in R.C.S. No. 4/97. At that stage, learned Magistrate has followed the correct procedure, as held by the Lordship of The Supreme Court in Bhagawant Singh v. Commissioner of Police ( : 1985 Cri. L.J. 1521) wherein it was held that the Magistrate can hear the person lodged the F.I.R. before passing the final order in the referred charge -sheet, since learned Magistrate has heard the complainant Pandiyanatha Baskaran, who lodged the F.I.R. on the basis of the private complaint filed by him in Crime No. 455/96 of Kannivadi Police Station.
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