Gopi v. Kannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Gopi ... Petitioner Vs.

1.Kannan 2.Kokila 3.The Inspector of Police, Omalur Police Station, Salem District .. Respondents PRAYER: Criminal Revision Case filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records and set aside the order passed in Crl.MP.No.36 of 2025 dated 29.05.2025 by the Judicial Magistrate, Omalur, Salem District. For Petitioner : Mr.G.Punniakoti For Respondents For R3 : Mr.A.Gopinath, Government Advocate(crl.side)

O R D E R

This criminal revision case has been preferred against the order passed in Crl.MP.No.36 of 2025 dated 29.05.2025 by the Judicial Magistrate, Omalur, Salem District, thereby dismissing the petition filed under Section 175(3) of BNSS.

2.

Heard, the learned counsel for the petitioner, the learned Government Advocate(crl.side) appearing for the third respondent and perused, all the materials placed before this Court. 3.

On perusal of records, it is revealed that previously the petitioner had lodged a complaint and the same was registered in crime No.341 of 2024 on the file of the third respondent for the offences punishable punishable under Sections 294(b) & 506(1) of IPC r/w 3(1)(b) of SC/ST (Prevention of Atrocities) Act. Thereafter, the Deputy Superintendent of Police conducted investigation and closed the case as mistake of fact. Further, the petitioner was served with referred charge sheet. However, in respect of the very same allegations, the petitioner has filed the present petition under Section 175(3) of BNSS before the

learned Judicial Magistrate, Omalur, Salem District seeking for direction for registration of FIR. Therefore, the learned Magistrate rightly dismissed the petition and this Court finds no infirmity or illegality in the impugned order. As such, this criminal revision case is liable to be dismissed.

4.

In view of the above discussion, this criminal revision case is dismissed.

11.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The Judicial Magistrate, Omalur, Salem District

2. The Inspector of Police, Omalur Police Station, Salem District 3.The Public Prosecutor, High Court of Madras 11.08.2025