L.Udayakumar v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2022

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN L.Udayakumar

...Petitioner

..vs..

1.The Deputy Superintendent of Police, Ranipet, Ranipet District.

2.State rep by, The Sub Inspector of Police, Walajahpet Police Station, Ranipet District.

... Respondents Criminal Revision Case filed under Sections 397 r/w 401 Cr.P.C to set aside the order passed by the learned Judicial Magistrate No.2, Walajahpet, Ranipet District passed in Crl.M.P.No.376 of 2022 dated 11.07.2022.

For Petitioner :

Mr.T.R.Ravi For Respondents :

Mr.S.Sugendran, Additional Public Prosecutor Page No.1/4

O R D E R

This Criminal Revision Case has been preferred challenging the order dated 11.07.2022 passed in Crl.M.P.No.376 of 2022 by the learned Judicial Magistrate No.II, Walajahpet, Ranipet District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and also perused the materials available on record.

3. The petitioner filed a complaint against the accused before the respondent/Police. The respondent/Police, after preliminary enquiry, closed the complaint in the CSR stage itself. Thereafter, the petitioner filed a petition under Section 156(3) Cr.P.C before the learned Judicial Magistrate No.II, Walajaipet. The learned Magistrate without giving any sufficient reasons simply dismissed the petition on the ground that the complaint is purely civil in nature. Challenging the said order, the petitioner is before this Court.

Page No.2/4

4. On a perusal of the records, it is seen that the learned Magistrate after due enquiry, found that the complaint is purely civil in nature and ingredients of offence are not made out against the accused. Therefore, in the light of the above facts and also on perusal of the records and other materials, it would reveal that the claim of the petitioner is purely civil in nature, hence, this Court does not find any perversity or illegality in the order passed by the learned Magistrate.

5. In the result, this Criminal Revision Case is dismissed. However, liberty is granted to the petitioner to work out his remedy in the manner known to law.

10.10.2022 Index: Yes/No Speaking Order/Non-Speaking Order ms Page No.3/4

P.VELMURUGAN, J.

ms To 1.The Judicial Magistrate No.2, Walajahpet, Ranipet District.

2.The Deputy Superintendent of Police, Ranipet, Ranipet District.

3.The Sub Inspector of Police, Walajahpet Police Station, Ranipet District.

4.The Public Prosecutor, High Court, Madras.

10.10.2022 Page No.4/4