2006 (12) TMI 544

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....petitioner  : Mr.Rangarajan For respondents : Mr.H.Karthik Seshadri, Mr.K.Kalyanasundaram And Mr.Kasirajan ORDER This petition has been filed to direct the Chief Judicial Magistrate, Coimbatore to take the complaint of the petitioner on file. 2. The petitioner is Dhanlakshmi Bank Limited. The respondents have borrowed loan from the petitioner-Bank by executing certain documents. N....

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....aking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to h....

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....erest Act, 2002, is that the Chief Metropolitan Magistrate or the District Magistrate alone have got powers to entertain such cases. Hence, the complaint is returned for presenting it before proper forum." The learned counsel for the petitioner submits that the application would have been accepted by the Chief Judicial Magistrate, but it has been erroneously returned. The learned counsel sought....

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....e the Chief Metropolitan Magistrate for such metropolitan area." Section 12(1) of the Cr.P.C. reads as follows: "In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate." Section 3(1)(d) of the Cr.P.C. reads as follows: "any reference to the Chief Judicial Magistrate shall, in relation ....