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Madras High CourtCRL RC/396/2024dismissed as infructuous

Ruthramoorthy v. The Inspector Of Police

2024-03-20Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Ruthramoorthy ... Petitioner Vs.

1.The Inspector of Police, D-5 Marina Police Station, Kamaraj Salai, Nochi Nagar, Chennai-600004.

2.Nalini Ramesh ... Respondent PRAYER: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to set aside the order in Crl.M.P.No.55431 of 2023 dated 22-12-2023 passed by the learned Metropolitan Magistrate No.II, Egmore, Chennai.

For Petitioner :

Mr.R.Paramasivam For R1 :

Mr.S.Raja Kumar Additional Public Prosecutor

ORDER

This Criminal Revision Case has been filed to set aside the impugned order in Crl.M.P.No.55431 of 2023, dated 22.12.2023 passed by the learned II Metropolitan Magistrate, Egmore, Chennai.

2.This Court on 05.03.2024 had passed the following order: Page No.1 of 4

"Mr.S.Raja Kumar, learned Additional Public Prosecutor takes notice for the 1st respondent.

2.The petitioner is the Chief Manager of State Bank of India, Chennai, has filed a complaint to the 1st respondent Police on 02.12.2022. Since no action taken, he sent a representation to the Assistant Commissioner of Police, Mylapore on 10.08.2022 with a copy marked to the Deputy Superintendent of Police, Mylapore, thereafter to, no action taken. Following the same, a representation to the Commissioner of Police, Vepery, Chennai sent on 04.09.2023. Despite a nationalized bank knocking at the doors of the Police at various levels, no action has been taken. Hence, the petitioner filed a petition under Section 156(3) Cr.P.C., before the learned II Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.55431 of 2023. The learned Magistrate vide order, dated 22.12.2023 finding that the documents produced by the petitioner are not sufficient, dismissed the petition. Challenging the same, the present Criminal Revision Case is filed.

3.In view of the above, the learned Additional Public Prosecutor is directed to file status report with regard to steps taken on the complaint of the petitioner, dated 02.12.2022 thereof.

4.Post the matter for filing status report on 14.03.2024." Page No.2 of 4

3.In continuation and conjunction to the above order, this Court is passing the following order.

4.When the matter was taken up for hearing, the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the 1st respondent Police submitted that on the complaint of the petitioner, an FIR in Crime No.48 of 2024 has been registered for offence under Sections 406 & 420 of IPC on 11.03.2024.

5.In view of the above, nothing survives for adjudication in the criminal revision case and the same is dismissed as infructuous. 20.03.2024 Speaking order/Non-speaking order Index: Yes/No Internet: Yes vv2 M.NIRMAL KUMAR, J.

vv2 Page No.3 of 4

To 1.The II Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, D-5 Marina Police Station, Kamaraj Salai, Nochi Nagar, Chennai-600004.

3.The Public Prosecutor, High Court, Madras.

20.03.2024 Page No.4 of 4