Kirubakaran v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Kirubakaran S/o.Ekambaram, Residing at No.5, Perumal Kovil Street, Athur Village, Arakkonam Taluk, Ranipet District, Pin code-631 004.

..Petitioner(s) Vs 1.The Superintendent of Police, District Police Office, Ranipet Taluk and District, Pin Code-632 401. 2.The Inspector of Police, Arokkonam Town Police Station, Arokkonam Taluk, Ranipet District.

Pincode-631 001.

..Respondent(s) To call for the record and set aside the order dt. 19.10.2024 in Crl.M.P.No. 47/2024 on the file of the Judicial MAgistrate Court No.1 at Arakkonam Ranipet district.

For Petitioner(s):

Mr. Pari Gopal For Respondent(s):

Dr.C.E.Pratap, Govt. Advocate (Crl. Side) __________Page 1 of 4

Order Challenging the impugned order dated 19.10.2024 passed by the Judicial Magistrate Court No.1, Arakkonam, Ranipet District in Crl.M.P.No.47 of 2024, the petitioner/accused preferred this Criminal Revision Petition.

2. Before the trial court, the petitioner filed a petition under Sec.156(3) of Cr.P.C. to register the F.I.R. against the accused based on his complaint dated 29.09.2023. The said petition was dismissed by the trial court holding that there is a civil suit is pending between them and also there is a contradiction in the time of alleged occurrence. Challenging the said findings, now the petitioner preferred this Criminal Revision Petition.

3. The learned Government Advocate (Crl. Side) appearing for respondent would submit that already enquiry was conducted and the final report was also filed.

4. On seeing the facts, it reveals that already enquiry was conducted and final report was also filed, however against which, as on date, no protest petition has been filed and nearly about three months later, on 04.01.2022 the complaint was rejected and there is also a civil suit is also pending between them. According to prosecution, on the date of occurrence, when he was admitted in __________Page 2 of 4

the hospital he has mentioned the date of occurrence as 08.30 p.m., whereas in his complaint, he has mentioned the time of occurrence as 06.00 p.m., so, there is a contradiction in time of occurrence. Therefore, the trial court has rightly dismissed the petition, which needs no interference of this court and nothing survives for consideration of this Criminal Revision Case. Accordingly, this Criminal Revision Case is dismissed and the findings rendered by the Judicial Magistrate Court No.1, Arakkonam, Ranipet District in Crl. M.P.No. 47 of 2024 is confirmed.

21-11-2025 Index: Yes/No Speaking/Non-speaking order RPP To

1. Judicial Magistrate Court No.1, Arakkonam, Ranipet Dt.

2. The Superintendent of Police,District Police Office, Ranipet Taluk and District, Pin Code-632 401.

3. The Inspector of Police, Arokkonam Town Police Station, Arokkonam Taluk, Ranipet District. Pincode-631 001.

4. The Public Prosecutor, High Court, Madras. __________Page 3 of 4

T.V.THAMILSELVI J.

RPP 21-11-2025 __________Page 4 of 4