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Madras High CourtCRL RC/312/2025allowed

B.Balasubramani v. The Commissioner Of Police

2025-03-04Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.R.C.No.312 of 2025 B.Balasubramani ... Petitioner Vs

1. The Commissioner of Police, Greater Chennai Commissioner Office, Veppery, Chennai- 600 002.

2. The Deputy Commissioner of Police, H 5, New Washermenpet Police Station, Tondiarpet, Chennai 600 081.

3. The Assistant Commissioner Of Police, H3, Tondiarpet Police Station, Tondiarpet, Chennai.

4. The Inspector of Police, H3, Tondiarpet Police Station, Tondiarpet, Chennai.

... Respondents PRAYER: Criminal Revision Petition filed under Section 438 read with 442 of BNSS, to set aside the order dated 19.12.2024 passed by the learned XV Metropolitan Magistrate, George Town, Chennai in Crl.M.P.No.9821 of 2024.

For Petitioner : Mr.S.Vijayaraghavan

For Respondents : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Revision Petition has been filed to set aside the order dated 19.12.2024 passed in Crl.M.P.No.9821 of 2024 by the learned XV Metropolitan Magistrate, George Town, Chennai.

2. The case of the petitioner is that the petitioner and his brother are subscribers of the Chit which was run by the "Chennaivazh Thiruthangal Uravinmurai Tharmapandu Society". Both of them joined in a chit worth about Rs.5,00,000/- and paid subscription amount of Rs.25,000/- per month for 10 months. When the petitioner requested the Society to refund the money, they did not repay the same. Hence, the petitioner filed a complaint before the respondents-Police. Since they have not taken any action on the petitioner's complaint, the petitioner has filed a petition in Crl.M.P.No.9821 of 2024 on the file of the XV Metropolitan Magistrate Court, George Town, Chennai. The learned Magistrate, dismissed the same vide impugned order dated 19.12.2024,

on the ground that the petitioner has not produced any material to show that either the petitioner or his brother contributed subscription to the abovesaid Society. Aggrieved by the same, the petitioner has filed this criminal revision petition.

3. Learned counsel for the petitioner further submitted that despite he has given video clippings to show the commission of offence by the accused, neither the Court, nor the police has taken note of the same. Hence, the petitioner has filed this criminal revision petition against the impugned order passed by the learned Magistrate.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents Police and perused the materials available on record.

5. The petitioner has filed the complaint before the respondentsPolice. Since the respondents police have not taken any action on the petitioner's complaint, he has filed a petition in Crl.M.P.No.9821 of 2024

on the file of the XV Metropolitan Magistrate Court, George Town, Chennai. The learned Magistrate, without taking note of the complaint and materials produced by the petitioner, simply dismissed the petitioner's petition vide impugned order dated 19.12.2024. Hence, the impugned order dated 19.12.2024 passed in Crl.M.P.No.9821 of 2024 by the learned XV Metropolitan Magistrate, George Town, Chennai is set aside. The petitioner is directed to forward the complaint afresh along with the video clippings to the police concerned, and on receipt of the same, the Police concerned is directed to register a case and conduct investigation and file a charge sheet within a period of three months.

6. With the abovesaid direction, this Criminal Revision Petition is allowed.

14.02.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The XV Metropolitan Magistrate, George Town, Chennai.

2. The Commissioner of Police, Greater Chennai Commissioner Office, Veppery, Chennai- 600 002.

3. The Deputy Commissioner of Police, H 5, New Washermenpet Police Station, Tondiarpet, Chennai 600 081.

4. The Assistant Commissioner Of Police, H3, Tondiarpet Police Station, Tondiarpet, Chennai.

5. The Inspector of Police, H3, Tondiarpet Police Station, Tondiarpet, Chennai.

6. The Public Prosecutor, High Court, Madras.

P.VELMURUGAN, J.

mfa Crl.R.C.No.312 of 2025 04.03.2025