D.Muthuvel v. Ravi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:19.01.2024 Coram:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH D.Muthuvel .. Petitioner /versus/ 1.Ravi 2.Manogaran 3.Valli 4.Chandragandhimathi 5.Saravanan 6.Umapathy 7.Kathireasan 8.Kumaraselvam 9.Gowi .. Respondents Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to set aside the order dated 28.07.2022 passed in Crl.R.P.No.5 of 2021 on the file of the II Additional Sessions Judge at Puducherry, confirming the order dated 24.02.2020 passed in Crl.M.P.No.3037 of 2019 on the file of the Chief Judicial Magitrate at Puducherry and set aside the same.

For Petitioner :Mr.D.Senthil Kumar ------- 1/4

ORDER

This Criminal Original Petition has been filed challenging the order passed by the Court below in Crl.R.P.No.5 of 2021 in Crl.M.P.No.3037 of 2019, dated 28.07.2022, confirming the order passed by the Chief Judicial Magistrate, Puducherry in Crl.M.P.No.3037 of 2019 dated 24.02.2020, dismissing the application filed under Section 156(3) of Cr.P.C.

2.

Heard, the learned counsel appearing for the petitioner and carefully considered the materials available on record. 3.

The petitioner gave a complaint against the respondents before Thirubuvanai Police Station. According to the petitioner, the same was not entertained and thereafter, the complaint was given to the higher officials. Since the same was not acted upon, the application was filed under Section 156(3) of Cr.P.C. before the Chief Judicial Magistrate, Puducherry. This application came to be dismissed 2/4

by an order dated 24.02.2020 on the ground that the petitioner has not made any allegation touching upon the caste, when the initial complaint was filed and the same was filed after a lapse of one year. That apart, the Courts below also took into consideration the closure report filed by the police. This order was confirmed by the Court below in the criminal revision petition.

4.

In the considered view of this Court, the order passed by both the Courts below does not suffer any illegality or infirmity and does not require any interference of this Court. Hence, this Criminal Original Petition is dismissed.

19.01.2024 Index:yes/no Speaking order/non speaking order ari To 1.II Additional Sessions Judge at Puducherry 2.The Chief Judicial Magitrate at Puducherry 3/4

N.ANAND VENKATESH,J.

ari 19.01.2023 4/4