M.Ramadhandapani v. S.Palanivelu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1367 of 2025 and Crl.MP.No.15338 of 2025 M.Ramadhandapani .....

Petitioner Vs 1.S.Palanivel 2.The Superintendent of Police, Villupuram District, Villupuram 3.The Inspector of Police, District Crime Branch, Villupuram District .....

Respondents PRAYER:

Criminal Revision Case filed under Sections 438 and 442 of BNSS, 2023, praying to call for the records and set aside the impugned order dated 18.03.2024 in Crl.MP.No.2890 of 2024 on the file of the learned Judicial Magistrate Court No.1, Villupuram by allowing the criminal revision petition. For Petitioner : Mr.M.Dinesh For Respondents For R2 & 3 : Mr.A.Gopinath, Government Advocate(crl.side)

O R D E R

This Criminal Revision Case has been filed against the order dated 18.03.2024 passed in Crl.MP.No.2890 of 2024 on the file of the learned Judicial Magistrate Court No.1, Villupuram, thereby directing the third respondent to register FIR and proceed with investigation.

2.

Heard, the learned counsel appearing for the petitioner, the learned Government Advocate(crl.side) appearing for respondents 2 & 3 and perused, all the materials placed before this Court.

3.

The petitioner is the proposed accused in the complaint lodged by the first respondent alleging that the petitioner received Rs.20,00,000/- for obtaining job in Revenue Department and thereafter he failed to obtain any job and also refused to return the amount. Though the first respondent lodged complaint before the jurisdiction police, there was no action. Therefore, the first respondent was constrained to file petition under Section 156(3) of Cr.P.C. The said petition has been allowed by the learned Judicial Magistrate Court No.1, Villupuram, thereby directing the third respondent to register FIR and proceed with investigation. However, under the guise of settlement, the petitioner has managed the third respondent in not filing FIR till today. Further, the petitioner repaid only a meager amount and the remaining major amount has to be settled.

That apart, the petitioner, being the accused, has no say before registration of FIR and he cannot interfere with investigation. As such, this criminal revision case is liable to be dismissed.

4.

In view of the above discussion, this criminal revision case is dismissed. The third respondent is directed to register FIR as directed by the learned Judicial Magistrate Court No.1, Villupuram forthwith and proceed with investigation. It is made clear that if any settlement arrived between the petitioner and the first respondent, then the third respondent is directed to accordingly close the FIR in the manner known to law. Consequently, connected miscellaneous petition is closed.

11.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok To 1.The learned Judicial Magistrate Court No.1, Villupuram 2.The Superintendent of Police, Villupuram District, Villupuram 3.The Inspector of Police, District Crime Branch, Villupuram District

4. The Public Prosecutor, High Court, Madras.

11.08.2025