← Library
Madras High CourtCRL RC/394/2023dismissed

P.R.Rajini @ Ramasamy v. The Inspector Of Police

2023-03-02Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM P.R.Rajini @ Ramasamy ... Petitioner Vs.

1.The Inspector of Police, Namagiripettai Police Station, Namakkal.

2.The Deputy Superintendent of Police, Office of the Superintendent of Police, Rasipuram, Namakkal.

3.Selvi 4.Egambaram ... Respondents PRAYER : Criminal Revision Case has been filed under sections 397 read with 401 of Criminal Procedure Code to set aside the order dated 29.11.2022 made in Crl.M.P.No.4918 of 2022 on the file of the Judicial Magistrate, Rasipuram.

For Petitioner : Mr.J.Jayan For Respondent : Mr.V.Meganathan

Government Advocate (Crl.Side)

ORDER

The Criminal Revision Case has been filed challenging the impugned order dated 29.11.2022 passed in Crl.M.P.No.4918 of 2022 by the learned Judicial Magistrate, Rasipuram.

2. The learned counsel for the petitioner submitted that the petitioner filed a complaint before the learned Judicial Magistrate to forward the petition under Section 156(3) Cr.P.C. The learned Magistrate instead of forwarding the petition to the appropriate investigation agency i.e., Deputy Superintendent of Police, forwarded the same to the Inspector of Police to register the case, investigate and to file a final report.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and I have perused the materials on record.

4. On a perusal of the records, it is seen that the petitioner filed a

complaint before the Court under Section 156(3) Cr.P.C., which was taken on file in Crl.M.P.No.4918 of 2022. The learned Judge while passing the impugned order, forwarded the complaint to the Inspector of Police to register a case, to investigate the same and to file a final report. If any S.C./ S.T. offences are made out, the Inspector of Police has to forward the connected papers to the Deputy Superintendent of Police, who is the competent person to investigate the matter and the petition cannot be accepted under Section 156 (3) Cr.P.C., and straight away forwarded the same to the Deputy Superintendent of Police.

5. Therefore, I find no infirmity in the order passed by the Trial Court. As such, this Court is inclined to dismiss the petition. Accordingly, this Criminal Revision Case is dismissed.

02.03.2023 rpl

V.SIVAGNANAM, J., rpl To 1.The Judicial Magistrate, Rasipuram.

2.The Deputy Superintendent of Police, Office of the Superintendent of Police, Rasipuram, Namakkal.

3.The Inspector of Police, Namagiripettai Police Station, Namakkal.

4.The Public Prosecutor, High Court of Madras, Chennai-104.

02.03.2023