Madras High CourtCRL RC/390/2025dismissed

K.Bharathidasan v. The Superintendent Of Police,

2025-03-06Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.R.C.No.390 of 2025 ... Petitioner K.Bharathidasan Vs

1. The Superintendent of Police, Tiruvallur, Utthukottai Taluk, Tiruvallur District.

2. The Inspector of Police, Periyapalayam Police Station, Periyapalayam, Utthukottai Taluk, Tiruvallur District. ... Respondents PRAYER: Criminal Revision Petition filed under Section 397 to 401 of Cr.P.C., (Section 438 to 442 of BNSS), to call for the records and to set aside the order dated 31.12.2024 passed in Crl.M.P.No.3111 of 2024 by the District Munsif cum Judicial Magistrate Court at Uthukottai. For Petitioner : Mr.P.Balamurugan For Respondent : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Revision Petition has been filed to call for the records and to set aside the order dated 31.12.2024 passed in Crl.M.P.No.3111 of 2024 by the District Munsif cum Judicial Magistrate Court at Uthukottai.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondentPolice and perused the materials available on record.

3. On a perusal of the complaint and materials produced by the petitioner, it is seen that the dispute between the parties is civil in nature. It is the submission of the learned counsel for the petitioner that the petitioner has not executed the document. Whether the document has been executed by the petitioner or not can be decided only by the Civil Court. The petitioner is able to prove the same before the Civil Court. If the Civil Court finds that the document has not been executed by the petitioner, he can approach the Magistrate concerned, for taking criminal

action. This Court does not find any perversity in the impugned order passed by the learned District Munsif cum Judicial Magistrate, Uthukottai.

4. In view of the above, this Criminal Revision Petition is dismissed. However, the petitioner is at liberty to approach the Civil Court to work out his remedy in the manner known to law. 06.03.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Munsif cum Judicial Magistrate Court at Uthukottai.

2. The Superintendent of Police, Tiruvallur, Utthukottai Taluk, Tiruvallur District.

3. The Inspector of Police, Periyapalayam Police Station, Periyapalayam, Utthukottai Taluk, Tiruvallur District.

4. The Public Prosecutor, High Court, Madras.

P.VELMURUGAN, J mfa Crl.R.C.No.390 of 2025 06.03.2025