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Madras High CourtCRL OP/7526/2026withdrawn dismissed

Arulselvi v. The State Of Tamilnadu Rep.By,

2026-03-26Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Arulselvi Petitioner(s) Vs

1. The State of Tamil Nadu rep. by, The Inspector of Police, Periya Kanchipuram Police Station, Kanchipuram District-631 502.

2.The Authorised Officer, M/s.Bank of Baroda, No.53, Kamarajar Road, Kanchipuram District 631 501.

3.Velliraj Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to call for the records of the Crl.MP.No.61 of 2026 dated 19.02.2026 on the file of the Judicial Magistrate No.1, Kancheepuram and set aside the same and consequently direct the respondent police to register the case based on the petitioner's complaint and pass such further or other orders. For Petitioner(s):

Mr.R.Krishnamurthy For Respondent(s):

Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor For R1

ORDER

Challenging the order, dated 19.02.2026 made in Crl.M.P.No.61 of 2026 passed by the Judicial Magistrate No.1, Kancheepuram and also seeking a consequential direction to the respondent police to register a case based on the petitioner's complaint, the petitioner has filed the present petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the first respondent.

3. On perusal of the records, it is seen that, after hearing both parties, the learned Judicial Magistrate No.I, Kancheepuram, had dismissed Crl.M.P.No.61 of 2026, vide order dated 19.02.2026, without issuing any further direction. Hence, this Court is of the view that the challenge to the said order dated 19.02.2026 in Crl.M.P.No.61 of 2026 can be made only by way of a Criminal Revision Petition and not by way of a Criminal Original Petition.

4. At this juncture, the learned counsel for the petitioner sought leave of this Court to withdraw this petition and he also made an endorsement to that effect.

5. Considering the submission made by the learned counsel for the

petitioner, this Criminal Original Petition is dismissed as withdrawn with liberty to file a Criminal Revision Petition. If any such Criminal Revision Petition is filed by the petitioner, the Registry shall entertain the same, if it is otherwise in order and the time taken by the petitioner to pursue this Criminal Original Petition shall not be reckoned for the purpose of calculating the period of limitation.

26-03-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The State of Tamil Nadu rep. by, The Inspector of Police, Periya Kanchipuram Police Station, Kanchipuram District-631 502.

2.The Authorised Officer, M/s.Bank of Baroda, No.53, Kamarajar Road, Kanchipuram District 631 501.

3. The Public Prosecutor, Madras High Court, Chennai.

M.NIRMAL KUMAR J.

jd 26-03-2026