The Criminal Revision is directed against the order dated 25.03.2008, passed in M.C.No.1 of 2008 on the file of the Chief Judicial Magistrate, Theni.
2. Service held sufficient because the endorsement in the notice sent to the respondent would show that intimation was served in the residence, but the same was not claimed.
3. Heard the learned counsel for the petitioner.
4. The petitioner has filed a petition before the Court below under
Section 125 of Cr.P.C. On the date of hearing, though the petitioner was present, her counsel was absent. So, the learned Judicial Magistrate dismissed the petition.
5. On careful consideration of the materials available on record, this Court is of the considered opinion that the order of the Chief Judicial Magistrate dated 25.03.2008 in M.C.No.1 of 2008 is not correct and the same is liable to set aside.
6. Accordingly, the Criminal Revision Case is allowed and the order of the Chief Judicial Magistrate, Theni dated 25.03.2008, made in M.C.No.1 of 2008 is set aside and the petition is restored to file and the learned Chief Judicial Magistrate is directed to dispose of the same in accordance with law.
sj To
1. The Chief Judicial Magistrate, Theni.