Madras High CourtCRL RC/1592/2013dismissed

M.Srinivasan v. Chandra Gupta

2018-08-13Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.08.2018 Coram :

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.R.C.No.1592 of 2013 and M.P.No.1 of 2013 M.Srinivasan ...

Petitioner Versis

1. Chandra Gupta

2. Kalyanakumar

3. Venkatramana

4. Balakrishnan

5. The Manager, Oriental Bank of Commerce, Puducherry.

...

Respondents Criminal revision Petition is filed under Sections 397 and 401 of the Cr.P.C., praying to set aside the order passed in Crl.M.P.No.1597 of 2007 dated 17.07.2007 passed by the learned Judicial Magistrate, No.II, Ulundurpet and direct the Magistrate to forward the complaint under Section 156 (3) of Cr.P.C. to the jurisdiction police.

For Petitioner : Mr. S.Saravana Kumar For Respondents : No appearance

O R D E R

This Criminal Revision Petition has been filed seeking to set aside the order passed in Crl.M.P.No.1597 of 2007 dated 17.07.2007 passed by the learned Judicial Magistrate, No.II, Ulundurpet and direct the Magistrate to forward the complaint under Section 156 (3) of Cr.P.C. to the jurisdiction police.

2. The petitioner has filed a private complaint complaint under Section 200 Cr.P.C, on behalf of his mother, before the learned Judicial Magistrate No.II, Ulundurpet. The learned Judicial Magistrate No.II, Ulundurpet, by order dated 17.07.2007, observing that since the matter has to be enquired further, forwarded the complaint to the Inspector of Police, Thiruvennainallur Police Station, directing him to enquire into the matter under Section 202 Cr.P.C. and to send a report to https://hcservices.ecourts.gov.in/hcservices/

this Court, within a period of one month.

3. Challenging the said order, the petitioner has filed this Criminal Revision on the ground that the learned Judicial Magistrate does not have the power to call for report from the Inspector of Police.

4. Heard the learned counsel for the petitioner.

5. During the course of hearing, the learned counsel for the petitioner fairly conceded that the learned Magistrate has got powers to call for the report from the Inspector of Police.

6. In view of the same, this Court is of the view that there is no perversity in the order passed by the learned Judicial Magistrate No.II, Ulundurpet. Hence, the Criminal Revision is dismissed. The Inspector of Police, Thiruvennainallur Police Station is directed to file report within a period of one month from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To

1. The Judicial Magistrate, No.II, Ulundurpet

2. The Inspector of Police, Thiruvennainallur Police Station +1cc to Mr.S.Saravana Kumar, Advocate, S.R.No.55613 Crl.R.C.No.1592 of 2013 and M.P.No.1 of 2013 GP(CO) GSP(10/09/2018) https://hcservices.ecourts.gov.in/hcservices/