M/S. Sindu Enterprises v. State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2024
CORAM:
THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR Crl.
R.C .No.
of 202 M/s.Sindu Enterprises, Proprietorship concern of Mr.Ganesh, Represented by his Power of Attorney, Mr.S.Karthick ... Petitioner Vs.
1.State Rep. by its The Inspector of Police, J-3, Guindy Police Station, Chennai - 600 032.
2.The Commissioner of Police, Vepery, Chennai - 600 007.
... Respondents PRAYER: Criminal Revision filed under Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, to call for the records pertaining to the order dated 09.07.2024 made in Crl.M.P.No.6302 of 2024 on the file of learned IX Metropolitan Magistrate (FAC), Saidapet, Chennai and set aside the same by allowing this Criminal Revision Petition.
For Petitioner : Mr.N.S.Suganthan 1/4
For Respondents : Mr.A.Damodaran Additional Public Prosecutor
ORDER
This Criminal Revision has been filed challenging the order dated 09.07.2024 made in Crl.M.P.No.6302 of 2024 on the file of IX Metropolitan Magistrate (FAC), Saidapet, Chennai.
2.The learned counsel for petitioner submitted that the petitioner filed a complaint before the learned Magistrate in Crl.M.P.No.6302 of 2024 under Section 156(3) Cr.P.C. seeking a direction to register an F.I.R. by respondent police. The same was dismissed by order dated 09.07.2024, against which, the present revision has been filed. 3.The learned Additional Public Prosecutor submitted that it is a business transaction. On the complaint of the petitioner, CSR No.1495 of 2023 assigned on 29.12.2023. Thereafter, summons sent to the petitioner to produce documents and give statement. But the petitioner failed to respond to 2/4
the summons and failed to give any details. The CSR is still kept pending. The petitioner without appearing before the respondent police, approached the Lower Court. He fairly submitted that since the CSR is pending, if the petitioner responds to the notice, appear before the respondent-police with required documents and after enquiry if cognizable offence is made out, further action would be taken and the complaint would be disposed of in accordance with law.
4.The learned counsel for petitioner agreed to appear before the respondent police, produce all the documents and give his statement, within a period of two weeks from the date of receipt of a copy of this order. 5.Recording the above submission, the Criminal Revision Case is disposed of.
28.08.2024 Index : Yes/No Speaking Order/Non Speaking Order rsi Note: Issue order copy on 06.09.2024 3/4
M.NIRMAL KUMAR, J.
rsi To 1.The Inspector of Police, J-3, Guindy Police Station, Chennai - 600 032.
2.The Commissioner of Police, Vepery, Chennai - 600 007.
3.The IX Metropolitan Magistrate (FAC), Saidapet, Chennai.
4.The Public Prosecutor, High Court, Madras.
Crl.
R.C .No.
of 2024 .08.2024 4/4