This Criminal Revision Petition has been filed against the order passed by the Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputhur in Crl.M.P.No.2047 of 2009 dated 11.08.2009.
2. The petitioner is the complainant. He gave a private complaint against the respondents herein for the alleged offences under
Sections 341,323,427,452,109,116, 119 and
307 of I.P.C. and under
Section 25(1)(a) of Arms Act, 1959, before the Chief Judicial Magistrate Court, Srivilliputhur, in Crl.M.P.No.2047 of 2009. Learned Judicial Magistrate, Srivilliputhur dismissed the petition.
3. Challenging the dismissal of the petition by the learned Judicial Magistrate, Srivilliputhur, the present Revision has been filed by the petitioner herein.
4. Learned counsel for the petitioner has submitted that the learned Judge ought not to have dismissed the complaint filed by the petitioner, by going into the merits of the case, and that, the learned Judge is only empowered to see whether any prima facie case is made out in the complaint or not. It has also been submitted that the learned Judge failed to note that the allegations in the complaint are true. Therefore, the counsel submitted that the impugned order passed by the learned Chief Judicial Magistrate, Srivilliputhur is not correct.
5. I have perused the complaint filed by the petitioner and the impugned order passed by the learned Chief Judicial Magistrate, Srivilliputhur. It is seen that the Chief Judicial Magistrate dismissed the petition on the basis of the merits of the case. The merits of the case can be considered only at the time of trial. The learned Judge is only empowered to see whether any prima facie case is made out in the complaint or not. Therefore, the impugned order passed by the learned Chief Judicial Magistrate, Srivilliputhur is liable to be set aside and accordingly it is set aside and the matter is remitted to him. Learned Chief Judicial Magistrate, Srivilliputhur is directed to dispose of the matter in accordance with law.
6. The Criminal R.C. is disposed of accordingly.
KM To The Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.