Madras High CourtCRL RC/1175/2023dismissed

Lalitha v. State Rep By

2025-06-24Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1175 of 2023 Lalitha ... Petitioner Vs.

1. State Rep By its The Inspector of Police, Namagiripettai Police Station, Namakkal District.

2. Sivakumar

3. Thanabackiam ... Respondents PRAYER: Criminal Revision case has been filed under Section 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Cr.MP.No.1247 of 2022 dated 24.04.2022 on the file of the Hon'ble Judicial Magistrate, Rasipuram and set aside the same and subsequently direct the first respondent to register the petitioner's complaint dated 15.02.2022. For Petitioner : Mr.M.Subash For R1 : Mr.A.Gopinath Government Advocate (Crl.side) For R2 and R3 : Mr.M.Sridhar

ORDER

This Criminal Revision case has been filed as against the order passed in Crl.MP.No.1247 of 2022 dated 24.04.2022 on the file of the Judicial Magistrate, Rasipuram, thereby dismissing the petition filed under Section 156(3) of Cr.P.C.

2. Heard the learned counsel on either side and perused the materials available on record.

3. A perusal of the complaint lodged by the petitioner revealed that there is no prima facie case found to constitute the offence or make out a case as against the proposed accused. According to the petitioner, she suffered fracture on her leg. Even before that she had entrusted a case with the second respondent to lodge a complaint as against her own family members for the offence under Section 138 of Negotiable Instruments Act. However, the second respondent did not file any complaint. Therefore, the petitioner went to his house for enquiry, where the petitioner was abused by the second respondent in filthy language and also beaten her. The third respondent also assisted the second respondent and threatened the petitioner with dire consequences.

4. That apart, the petitioner lodged a complaint before the Bar Council of Tamil Nadu as against the second respondent and the same was also dismissed by the Bar Council of Tamil Nadu, by an order dated 20.11.2021.

5. In view of the above, the learned Magistrate had rightly dismissed the petition filed under Section 156(3) of Cr.P.C and this Court finds no infirmity or illegality in the order passed in Crl.MP.No.1247 of 2022 dated 24.04.2022 on the file of the Judicial Magistrate, Rasipuram.

6. Accordingly, this Criminal Revision case stands dismissed. 24.06.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mn

G.K.ILANTHIRAIYAN, J mn To

1. The Judicial Magistrate, Rasipuram.

2. The Inspector of Police, Namagiripettai Police Station, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

Crl.R.C.No.1175 of 2023 24.06.2025