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Madras High CourtCRL RC/943/2023disposed of

R.Gopinathan v. Parvathi

2025-06-23Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Gopinathan ... Petitioner Vs.

M.Vengasamy (died)

1. Parvathi M.Subrayan (died) 2.V.Anbarasan

3. R.Venugopal

4. A.R.Ramesh

5. The Inspector of Police, District Crime Branch, Chengalpet District.

(R5 Suo-moto impleded as per order dated 19.09.2023 in Crl.R.C.No.943 of 2023) ... Respondents PRAYER: Criminal Revision has been filed under Sections 397 & 401 of Cr.P.C., to set aside the order dated 09.03.2023 of the learned Judicial Magistrate No.2, Maduranthakam in C.M.P.No.443 of 2023 and also direct the Inspector of Police, District Crime Branch, Chengalpet to register the case. For Petitioner :

Mr.A.Nagarajan For Respondents For R1 to R4 :

Mr.G.Mahesh Kumar For R5 :

Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

This Criminal Revision Case has been preferred against the order dated 09.03.2023, passed by the learned Judicial Magistrate No.2, Maduranthakam, in C.M.P.No.443 of 2023, thereby dismissing the petition filed by the petitioner seeking direction under Section 156(3) of Cr.P.C. 2.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.

On perusal of the complaint lodged by the petitioner, it is revealed that there are allegations as against the respondents 1 to 4 to attract the offences punishable under the Indian Penal Code. However, the Court below without considering the same, dismissed the petition. 4.

In view of the above, the order dated 09.03.2023, passed by the learned Judicial Magistrate No.2, Maduranthakam, in C.M.P.No.443 of 2023 is hereby set aside. The fifth respondent is directed to conduct fresh enquiry on the complaint lodged by the petitioner, after issuance of notice to the counter party and if any cognizable offence is made out proceed in accordance with law.

5.

Accordingly, this Criminal Revision Case stands disposed of. 23.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts To 1.The Judicial Magistrate No.2, Maduranthakam.

2.The Inspector of Police, District Crime Branch, Chengalpet District.

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

G.K.ILANTHIRAIYAN. J, rts 23.06.2025