M.Saifudeen v. M.S.Senthilkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM M.Saifudeen, ... Petitioner Vs.

1. M.S.Senthilkumar,

2. P.Muralidharan,

3. V.Purushothaman,

4. K.Thangavel,

5. Palanisamy,

6. Anandhan,

7. Arumairaj, ... Respondents Prayer: Criminal Revision Case is filed under Sections 397 and 401 of Cr.P.C., to set aside the order dated 13.07.2022 in Crl.M.P.No.1147 of 2020 on the file of the Judicial Magistrate No.3, Tiruppur and allow the petition under Section 156(3) of Cr.P.C filed by the petitioner seeking a direction to register his complaints by allowing this Criminal Revision. For Petitioner : Mr.N.Ponraj

O R D E R

This Criminal Revision Case is filed against the impugned order passed in Crl.M.P.No.1147 of 2020, dated 13.07.2022 on the file of Judicial Magistrate No.3, Tiruppur.

2. When the matter is taken up for hearing, the Learned Counsel for the petitioner submitted that while filing the private complaint before the trial Court, he has not filed an affidavit to authenticate the truthfulness of the allegations as stated in the complaint as per the direction of the Hon'ble Supreme Court in Priyanka Srivastava -vs- State of Uttar Pradesh reported in MANU/SC/0344/2015. However, the Trial Judge dismissed the complaint on merits. Now, he seeks liberty to file a fresh complaint along with affidavit, before the trial Court and it may be decided on merits.

3. Recording the same, this Criminal Revision Case is closed with liberty to the petitioner to file a fresh complaint along with affidavit before the Magistrate and on receiving the complaint, the Learned Magistrate may decide the case in accordance with law and on merits.

4. Accordingly, the Criminal Revision Petition is closed. 21.12.2022 Internet : Yes / No Index : Yes / No Speaking Order / Non Speaking order bsm To,

1. The Judicial Magistrate No.3, Tiruppur.

V.SIVAGNANAM,J.

bsm 21.12.2022