Citation : 2021 Latest Caselaw 11898 Mad
Judgement Date : 17 June, 2021
Crl.R.C.No.1046 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
Crl.R.C.No.1046 of 2015
K.Natarajan ... Petitioner
Vs.
The Commissioner,
Tambaram Municipality,
Tambaram, Madras – 45. ... Respondent
PRAYER: This Criminal Revision Petition has been filed under
Section 397 read with Section 401 of Cr.P.C, to call for the records
in Crl.M.P.No.6995 of 2014 on the file of the learned Judicial
Magistrate, Tambaram, Kancheepuram District, dated 16.07.2015
and revise and set aside the same.
For Petitioner : No appearance
For Respondent : Mr.R.Vinoth Raja
Government Advocate
JUDGMENT
(This case has been heard through video conference)
This Criminal Revision Case has been filed by the revision
petitioner to challenge the order of dismissal passed in
Crl.M.P.No.6995 of 2014, by the learned Judicial Magistrate,
Tambaram, dated 16.07.2015.
https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.1046 of 2015
2.Brief facts of the case:
The revision petitioner has filed a petition in
Crl.M.P.No.6995 of 2014, before the learned Judicial Magistrate,
Tambaram, for registration of death of his grand father viz.,
Madhurai Naicker within the jurisdiction of Tambaram Municipality.
Thereafter, Tambaram Municipality had filed a statement and report
before the Judicial Magistrate by stating that they are unable to
confirm the death of the revision petitioner's grand father took place
within the jurisdiction of Tambaram Municipality and recording so,
by an order dated 16.07.2015, the learned Judicial Magistrate,
Tambaram, has dismissed the petition with a liberty to file a petition
before the proper jurisdiction. Aggrieved against the same, the
revision petitioner has filed this Criminal Revision Case before this
Court.
3.Heard Mr.R.Vinoth Raja, learned Government Advocate
(Crl.Side) appearing for the respondent and perused the materials
placed on record. No representation for the petitioner.
4.The learned Government Advocate (Crl.Side) appearing
for the respondent would submit that the Tambaram Municipality is
https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.1046 of 2015
maintaining the death register from the year 1967 only. Whereas,
the relief sought for by the revision petitioner is for the year 1936.
5.Taking into consideration the above facts and
circumstances of the case and submissions made by the learned
Government Advocate (Crl.Side), this Court finds that the learned
Judicial Magistrate has clearly given liberty to file the petition before
the proper jurisdiction and that there is no error of jurisdiction.
Accordingly, this Criminal Revision Case stands dismissed and the
order passed in Crl.M.P.No.6995 of 2014, by the learned Judicial
Magistrate, Tambaram, dated 16.07.2015, is hereby confirmed.
17.06.2021
Index : Yes/No
Internet : Yes/No
dua
To
1.The Judicial Magistrate, Tambaram, Kancheepuram District.
2.The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.1046 of 2015
RMT.TEEKAA RAMAN. J.
dua
Crl.R.C.No.1046 of 2015
17.06.2021
https://www.mhc.tn.gov.in/judis/
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