Subramani v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.12464 of 2025

1. Subramani

2. Gayathri

3. Alamelu

4. Amsavalli ... Petitioners Vs.

1. The State by Inspector of Police, Rishivandiam Police Station, Kallakurichi District.

2. Kannaiyan ... Respondents PRAYER: Criminal Revision has been filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order made in C.M.P.No.4191 of 2021 dated 19.07.2022 in S.T.C.No.397 of 2022 on the file of Judicial Magistrate, Thirukoyilur.

For Petitioners :

Mr.K.Nirmalkumar For Respondents For R1 :

Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

This Criminal Revision has been preferred challenging the order dated 19.07.2022 passed by the learned Judicial Magistrate, Thirukoyilur, in C.M.P.No.4191 of 2021 in S.T.C.No.397 of 2022, thereby issuing summon as against the petitioners.

2.

On the complaint lodged by the second respondent, the first respondent registered the FIR in Crime No.45 of 2020, for the offences punishable under Sections 147, 294(b), 323 & 506(1) of IPC as against six accused persons. After completion of investigation, the first respondent filed final report only against the accused 1 & 2 and dropped the case against the accused 3 to 6 viz., the petitioners herein. Aggrieved by the same, the second respondent filed protest petition and deposed before the trial Court. The trial Court allowed the protest petition and issued summon to the petitioners herein. Hence, the petitioners filed the present revision. 3.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4.

On perusal of the deposition of the second respondent, it is revealed that there are specific overt act as against the petitioners herein for the occurrence taken place on 08.02.2020, in order to attract the offence under Sections 147, 294(b), 323 & 506(1) of IPC. Therefore, the trial Court rightly had taken cognizance against the petitioners and issued summons. This Court finds no infirmity or illegality in the order passed by the trial Court and the revision is liable to be dismissed.

5.

Accordingly, the Criminal Revision Case stands dismissed. Consequently, connected miscellaneous petition is closed. 30.06.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order rts To

1. The Judicial Magistrate, Thirukoyilur.

2. Inspector of Police, Rishivandiam Police Station, Kallakurichi District.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN. J, rts Crl.M.P.No.12464 of 2025 30.06.2025