Thiraviyam v. The Deputy Commissioner Of Police,

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.11.2023

CORAM:

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR Thiraviyam S/o.Raju ... Petitioner Vs.

1.The Deputy Commissioner of Police, Kilpauk District, Kilpauk, Chennai - 600 012.

2.The Inspector of Police, G5, Secretariat Colony Police Station, Chennai - 600 012.

3.Sri Ram ... Respondents PRAYER: Criminal Revision Case has been filed under Sections 397 and 401 of Code of Criminal Procedure, pleased to allow this Criminal Revision Petition and set aside the order passed in Crl.M.P.No.13607 of 2023 dated 05.07.2023 on the file of II Metropolitan Magistrate, Egmore, Chennai. For Petitioner : Mr.Charles Kamalesh M.Appaji For Respondent-1 & 2 : Mr.A.Damodaran Additional Public Prosecutor For Respondent-3 : Mr.V.Lakshminarayanan Page 1/4

ORDER

This petition has been filed to set aside the order passed in Crl.M.P.No.13607 of 2023 dated 05.07.2023 on the file of II Metropolitan Magistrate Court, Egmore, Chennai.

2.The petitioner as complainant has filed a complaint under Section 156(3) Cr.P.C. before the learned II Metropolitan Magistrate, Egmore, Chennai in C.M.P.No.13607 of 2023. The learned Magistrate by an order dated 05.07.2023 dismissed the complaint, against which, the present revision has been filed.

3.The learned Additional Public Prosecutor submits that in this case on the complaint of the petitioner, a case in Crime No.255 of 2023 dated 15.11.2023 registered against one Sriram for offence under Sections 406 and 420 of IPC. Now investigation commenced, the petitioner's grievance addressed. He further submitted that this registration of the case is pursuant to the earlier assigning of CSR No.430 of 2022 dated 06.12.2022. In the meanwhile, the petitioner approached the Trial Court. Further submitted that in view of the registration of FIR, this petition has got no relevance. Page 2/4

4.The learned counsel for petitioner served with the copy of the FIR and he submits that his grievance has been addressed. He further submitted that the petitioner will appear before the respondent police, submit all the supporting materials and documents, which is available with him and also cooperate with the investigation.

5.The learned Additional Public Prosecutor submits that as and when the petitioner appear before the respondent police, his statement would be recorded and the document would be collected and investigation would be taken to its logical end.

6.Recording the above submissions, the Criminal Revision Case is closed.

16.11.2023 Index: Yes/No Internet : Yes/No Speaking order / Non-speaking order rsi Page 3/4

M. NIRMAL KUMAR , J.

rsi To 1.The Deputy Commissioner of Police, Kilpauk District, Kilpauk, Chennai - 600 012.

2.The Inspector of Police, G5, Secretariat Colony Police Station, Chennai - 600 012.

3.The II Metropolitan Magistrate, Egmore, Chennai.

4.The Public Prosecutor, High Court, Madras.

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