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2025 DAILYLAW 103191 (MAD)

Thangamani v. P.Murugesan

CRL OP/25624/2025 · 2025-09-18

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.25624 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.09.2025 CORAM: THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.25624 of 2025 Thangamani ... Petitioner Vs. 1.P.Murugesan 2.Elangovan 3.Babu ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to set aside the returned docket order dated 09.08.2025 in C.C.SR.No.2182 of 2025 on the file of the learned District Munsif-cum-Judicial Magistrate, Edappadi, Salem District by allowing the above petition thereby directing the trial court to take the complaint on file and to decide the same on merits. For Petitioner : Mr.C.Prabakaran ORDER The petitioner challenges the docket order of the learned District Munsif-cum-Judicial Magistrate returning the private complaint. 2. The private complaint is filed alleging that after the suit came to be 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25624 of 2025 filed by the respondent, the petitioner came to know that the alleged agreement has been forged and fabricated and therefore, seeks to prosecute the plaintiff in O.S.No.404 of 2025. The learned District Munsif-cum- Judicial Magistrate has returned the complaint on the ground that it is a case of civil nature. 3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials placed on record. 4. Normally, this Court would have interfered the returned docket order, but the fact remains that the petitioner has already appeared in the civil suit. Pursuant to the civil suit, he has filed the private complaint alleging forgery. Such being the position, having entered in a civil suit, the petitioner can very well establish the forgery in the pending civil suit. In the event of establishing the forgery, the petitioner is at liberty to prosecute the concerned person. 5. Such view of the matter, I do not find any merits in this petition 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25624 of 2025 and this petition stands dismissed, accordingly. Consequently, connected miscellaneous petition stands closed. 18.09.2025 dhk Neutral Citation :Yes/No Internet : Yes/No To 1. The District Munsif-cum-Judicial Magistrate, Edappadi, Salem District 2. The Public Prosecutor, High Court of Madras. N. SATHISH KUMAR , J. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25624 of 2025 dhk Crl.O.P.No.25624 of 2025 18.09.2025 4/4 https://www.mhc.tn.gov.in/judis