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Madras High CourtCRL RC/246/2025dismissed

E.Ravi v. The State Rep By, The Inspector Of Police,

2025-04-09Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2025

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.246 of 2025 E.Ravi S/o.Late Erukandi ... Petitioner ..vs..

State Rep. by Inspector of Police City Crime Branch Police Station Coimbatore District.

Crime No.25/2021 ... Respondent Criminal Revision Case filed under Sections 438 of BNSS, 2023 read with 442 of BNSS,2023 to set aside the orders passed in C.M.P.No.32978 of 2023 in RCS.No.5 of 2023 dated 25.04.2024 by the learned Judicial Magistrate No.VII, Coimbatore District and based on the final report filed by the respondent and to re-investigate in Crime No.25 of 2021 in accordance with law.

For Petitioner :

Mr.R.Rajesh Vivekananthan For Respondent :

Mr.S.Sugendran Additional Public Prosecutor Page No.1/5

O R D E R

This Criminal Revision Petition is preferred against the order dated 25.04.2024 passed in Crl.M.P.No.32978 of 2023 in R.C.S.No.5 of 2023 by the Judicial Magistrate No.VII, Coimbatore District and to reinvestigate the case in Crime No.25 of 2021 in accordance with law.

2. According to the petitioner-de-facto complainant, he has been cheated by the accused persons to the tune of Rs.60 lakhs and that a case in Crime No.25 of 2021 was registered against them for the offences punishable under Sections 120B, 406, 420 and 506(i) IPC. The respondent-Police, after completion of investigation filed a final report in FR-43/2021 dated 30.09.2024 as 'Referred as Civil Nature' before the Court below and the same was taken on file in R.C.S.No.5 of 2023. As against the said closure report, the petitioner filed a protest petition in Crl.M.P.No.32978 of 2023 before the Judicial Magistrate No.VII, Coimbatore. The learned Magistrate, after due enquiry found that the dispute between the parties are civil in nature and dismissed the petition on 25.04.2024. Challenging the same, the present revision petition is filed Page No.2/5

by the petitioner.

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

4. On a perusal of the entire records, particularly complaint of the petitioner and also the order of the learned Magistrate, it is seen that as the dispute between the parties pertains to money transactions are civil in nature and hence, the learned Magistrate has rightly given a finding that it is for the parties to redress their grievance before the appropriate civil Court and dismissed the petition. Hence, this Court does not find any perversity or compelled reasons to interfere with the findings of the Court below and there is no merit in the revision petition and the same is liable to be dismissed. Accordingly, the Criminal Revision Petition is dismissed.

09.04.2025 Index: Yes/No Speaking Order/Non Speaking Order ms Page No.3/5

To 1.

The Judicial Magistrate No.VII Coimbatore District.

2.

The Inspector of Police City Crime Branch Police Station Coimbatore District.

3.

The Public Prosecutor High Court, Madras.

Page No.4/5

P.VELMURUGAN, J.

ms 09.04.2025 Page No.5/5