Madras High CourtCRL RC/1244/2025allowed

M.Gagan Bothra v. The State Rep By, The Inspector Of Police,

2025-07-30Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1244 of 2025 M.Gagan Bothra .....

Petitioner Vs The State Rep by, The Inspector of Police, Cyber Cell, Chennai.

.....

Respondent Prayer: Criminal Revision is filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the Judgment / Order dated 26.06.2025 made in Crl.M.P.No.15314 of 2024 by the Learned XI Metropolitan Magistrate, Saidapet, Chennai and restore Crl.MP.No.15314 of 2024 on the file of the Learned XI Metropolitan Magistrate, Saidapet, Chennai. For Petitioner : Mr.M.Gagan Bothra, Party-in-person For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Revision Case has been filed challenging the order dated 26.06.2025 passed in Crl.M.P.No.15314 of 2024 on the file of the learned

XI Metropolitan Magistrate, Saidapet, Chennai, thereby dismissing the complaint for default.

2. Heard both sides and perused the materials available on record.

3. A perusal of the records reveals that the petitioner filed a complaint under Section 200 read with 156(3) of the Criminal Procedure Code. During the pendency of adjudication, the petitioner was absent before the Trial Court on 26.06.2025. Consequently, the complaint filed by the petitioner was dismissed for default by the Trial Court. Hence, this Court is of the view that the petitioner may be given one more opportunity to putforth his complaint before the Trial Court.

4. In view of the above, the order dated 26.06.2025 passed in Crl.M.P.No.15314 of 2024 by learned XI Metropolitan Magistrate, Saidapet, Chennai, is hereby set aside. The matter is remitted back to the Trial Court for fresh disposal in accordance with law. The appellant shall co-operate with the Trial Court for the expeditious disposal of the case.

5. In the result, this Criminal Revision Case stands allowed. 30.07.2025 Index : Yes/No Internet : Yes/No Speaking/Non Speaking order

Lpp To

1. The XI Metropolitan Magistrate, Saidapet, Chennai.

2.The Inspector of Police, Cyber Cell, Chennai.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, Lpp Crl.R.C.No.1244 of 2025 30.07.2025