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Madras High CourtCRL RC/235/2023closed

V.A.N.V.Prasad v. The Deputy Commissioner Of Police

2023-06-14Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2023

CORAM

THE HONOURABLE MR. JUSTICE V. SIVAGNANAM CRL.R.C.No.235 of 2023 V.A.N.V.Prasad ... Petitioner Vs

1. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, No.13, Balaji Nagar, T.Nagar, Chennai - 600 017.

2. The Assistant Commissioner of Police Office of the Assistant Commissioner of Police, Teynampet, Chennai - 600 006.

3. The Inspector of Police, E-3 Police Station, Teynampet, Chennai - 600 006.

... Respondent Prayer: Criminal Revision Case filed under section 397 r/w 401 Cr.P.C. to call for the records related to the order dated 05.08.2022 passed in Crl.M.P.No.12441 of 2022 by the learned XVIII Metropolitan Magistrate at Saidapet and set aside the same.

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For Petitioner : Mr. G.Mohanakrishnan For Respondent : Mr. R. Vinothraja, Government Advocate (crl.side) ******

ORDER

Challenging the order dated 05.08.2022 passed in Crl.M.P.No.12441 of 2022 by the XVIII Metropolitan Magistrate, Saidapet, Chennai, this Criminal Revision Case has been filed.

Today, when the matter is taken up for hearing, the learned counsel for the revision petitioner submitted that the petitioner's complaint filed under Section 156(3) Cr.P.C. before the trial Court for forwarding his complaint to the respondent police to investigate the matter and file a final report, was dismissed by the trial Court. He further submitted that the petitioner had not filed the complaint before the trial Court, only filed an affidavit and petition. Therefore the learned counsel seeks liberty to the petitioner to file a fresh complaint before the trial Court. Recording the above submissions made by the learned counsel for 2/4

the petitioner, the criminal revision is closed with liberty to the petitioner to file a proper complaint before the trial Court and on receiving the same the trial Court is directed to dispose of the same on merits in accordance with law. Index: yes/no Internet:yes/no 14.06.2023 cgi To

1. The XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, No.13, Balaji Nagar, T.Nagar, Chennai - 600 017.

3. The Assistant Commissioner of Police Office of the Assistant Commissioner of Police, Teynampet, Chennai - 600 006.

4. The Inspector of Police, E-3 Police Station, Teynampet, Chennai - 600 006.

5. The Public Prosecutor, Madras High Court.

V. SIVAGNANAM, J.

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