Rajendran v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:16.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Rajendran

...Petitioner

Vs.

1. State Rep. by The Inspector of Police, Cyber Crime Police Station, Ariyalur District.

(Cr.No.3/2021)

2. Marudhupandiyan

3. Rajesh

4. Murugesan

5. Raj Kishn ... Respondents PRAYER: Criminal Revision Petition filed under Section 438 and 442 of BNSS, 2023, to set aside the order dated 29.04.2025 made in Crl.R.C.No.06 of 2024 on the file of the Principal District and Sessions Judge, Ariyalur reversing the order dated 08.01.2024 made in Crl.M.P.No.5031 of 2023 on the file of the Judicial Magistrate No.II, Ariyalur. For Petitioner : Mr.J.Jayan

For Respondent : Mr.A.Gopinath Govt. Advocate (Crl.side)

ORDER

This Criminal Revision has been filed as against the order dated 29.04.2025 made in Crl.R.C.No.06 of 2024 on the file of the Principal District and Sessions Judge, Ariyalur thereby allowing the revision petition by setting aside the order passed in Crl.M.P.No.5031 of 2023 on the file of the learned Judicial Magistrate II, Ariyalur, ordered for further investigation.

2. The petitioner is the complainant. On his complaint the first respondent has registered FIR in Cr.No.3/2021 as against four accused persons for the offence punishable under Section 420, 468, 471 IPC and Section 66 D of Information Technology (Amendment) Act, 2008. After completion of investigation final report has been filed and the same has been taken cognizance in C.C.No.165/2022 by the trial Court.

3. Pending trial, the petitioner filed a petition in Crl.M.P.No.5031/2023 for further investigation on the ground that the first respondent failed to add the other accused persons. After detailed enquiry,

the trial Court allowed the petition and directed the first respondent to conduct further investigation and file additional report, if any, under Section 173(8) Cr.P.C. Aggrieved by the same the first respondent filed a revision before the Revisional Court and the same was allowed on ground that there is absolutely no necessity for further investigation since there is no new material to conduct further investigation.

4. In view of the above, this Court finds no infirmity or illegality on the order passed by the Revisional Court. However, the petitioner is at liberty to invoke provision under Section 216 and 319 Cr.P.C. before the trial Court during the trial.

5. Accordingly, this Criminal Revision Case is dismissed. 16.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn G.K.ILANTHIRAIYAN, J.

bkn To

1. The Principal District and Sessions Judge, Ariyalur 16.06.2025