Madras High CourtCRL RC/556/2023dismissed

R.Eshwaramuthy v. Inspector Of Police

2023-04-03Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM R.Eshwaramurthy ... Petitioner /vs/

1. The State rep by The Inspector of Police, J-9, Thoraipakkam Police Station, Thoraipakkam, Chennai 600 097.

2. R.Vijay Kumar.

3. R.Manikam ... Respondents Prayer : Criminal Revision Case filed under section 397 and 401 of Cr.P.C, to set aside the judgment of the learned Judicial Magistrate No.II, Alandur in C.M.P.No.2541 of 2022 dated 07.10.2022 and allow this criminal revision case.

For petitioner ... Ms.E.Gomathi For Respondent-1 ... Mr.R.Vinothraja, Government Advocate (Crl.Side) For Respondent-2 ...Ms.Vasavi Sridevi For Respondent-3 ...Mr.N.Rajkumar 1/4

ORDER

Challenging the judgment dated 07.10.2022 passed by the learned Judicial Magistrate No.II, Alandur in C.M.P.No.2541 of 2022, this Criminal Revision is filed by the petitioner.

2. Though the petitioner has challenged the dismissal of his petition filed under Section 156(3) of Cr.P.C before the trial Court to direct the respondent Police to register the complaint, investigate and file a final report. On perusal of the records, it is seen that the petitioner had not filed any complaint before the learned Judicial Magistrate for forwarding the same under Section 156(3) Cr.P.C to the respondent Police and he has only filed an affidavit and petition before the trial Court, which cannot be treated as a complaint. Therefore, this revision is unsustainable.

3. However, the learned counsel for the petitioner seeks liberty of this Court to file a fresh complaint before the Judicial Magistrate. 2/4

4. Accordingly, this revision is dismissed. However, the petitioner is at liberty to file a fresh complaint before the Judicial Magistrate and if any complaint is filed, the learned Magistrate is directed to consider the said complaint on merits and pass appropriate orders in accordance with law.

03.04.2023 srn To

1. The Inspector of Police, J-9, Thoraipakkam Police Station, Thoraipakkam, Chennai 600 097.

2. The Public Prosecutor, High Court, Madras 3/4

V.SIVAGNANAM, J.

srn 03.04.2023 4/4