Madras High CourtCRL RC/189/2016dismissed

J.Balakumar v. The State Rep By

2017-01-04Honourable Mr Justice C. T. Selvam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.189 of 2016 and Crl.M.P.No.1246 of 2016 J.Balakumar S/o.Jayabalan .. Petitioner vs.

1.The State represented by The Inspector of Police, W-28 All Women Police Station, Ambattur.

2.Jayasree D/o.T.T.Balakrishnan (impleaded as second respondent as per order of this Court dated 19.09.2016 in Crl.M.P.No.6155 of 2016) .. Respondents Criminal Revision filed under Section 397 and 401 Cr.P.C. against the order of learned Judicial Magistrate, Ambattur, Chennai, passed in Crime No.6 of 2014 on 23.11.2015.

For Petitioner : Mr.E.Kotteeswaran For Respondent : Mr.M.Mohammed Riyaz Government Advocate (Crl.side) [R1] Mr.D.Padmanabhan [R2] *****

O R D E R

This revision arises against the order of learned Judicial Magistrate,

Ambattur, Chennai, passed in Crime No.6 of 2014 on 23.11.2015.

2. Heard learned counsel for petitioner, learned Government Advocate [Crl.side] for first respondent and learned counsel for second respondent.

3. A reading of the affidavit filed by petitioner before learned Judicial Magistrate, Ambattur and the petition therein both dated 27.10.2015 nor the order of the Court below dated 23.11.2015 informs that the petition had anything to do with the present submission of learned counsel for petitioner that the petition dated 27.10.2015 was moved against Court below directing medical examination of the petitioner towards determining his potency. This Court cannot act on suppositions.

The Criminal Revision Case shall stand dismissed. However, if the petitioner is aggrieved by any order of Court below directing him to go for medical examination, it would be open to him to move afresh by way of fresh revision. Connected miscellaneous petition is closed. 04.01.2017 Index:yes/no Internet:yes/no gm

To 1.The Judicial Magistrate, Ambattur, Chennai.

2.The Inspector of Police, W-28 All Women Police Station, Ambattur.

3.The Public Prosecutor, High Court, Madras.

C.T. SELVAM, J gm Crl.R.C.No.189 of 2016

04.01.2017 http://www.judis.nic.in