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Madras High CourtCRL RC/238/2025allowed

R.Indhumathi v. The Inspector Of Police

2025-08-11Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 11.08.2025

CORAM:

THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C No.238 of 2025 R. Indhumathi ... Petitioner ..Vs.

1.The Inspector of Police P-6 Kodungaiyur Police Station, Kodungaiyur, Chennai 600 118.

2. Mr.Manimaran Assistant Engineer, Anti-Sea Erosion Sub-division, Anti-sea Erosion Section - III Chepauk, Chennai - 600 005.

... Respondents Prayer: This Criminal Revision Petition is filed under Section 438 read with 442 of BNSS Act, to set aside the order in protest petition in Crl.M.P.No.33918 of 2024 dismissed for default on 23.09.2024 on the file of X Metropolitan Magistrate Court, Egmore at Chennai and pass orders.

For Petitioner : Mr.A. Nirmal Kumar Sharma For Respondents : Mr.A. Gopinath, GA 1/4

O R D E R

This revision has been filed to set aside the order in protest petition in Crl.M.P.No.33918 of 2024 dismissed for default on 23.09.2024 on the file of X Metropolitan Magistrate Court, Egmore at Chennai and pass orders.

2.The petitioner lodge a complaint before the first respondent and on receipt of the same, the first respondent filed a F.I.R in Crime No.155 of 2023 under Section 354(A) (1) (i) of I.P.C and Section 4 TNPWH Act. After completion of investigation the first respondent closed the F.I.R as mistake of fact. Aggrieved of the same the petitioner filed a Protest petition before the X Metropolitan Magistrate Egmore, Chennai - 08 and the same was dismissed for default on 23.09.2024.

3. In view of the above facts, in order to give one more opportunity to the petitioner, the order passed in Crl.M.P.No.33918 of 2024 on 23.09.2024 by the learned Magistrate, X Metropolitan Magistrate Court, Egmore at Chennai is hereby setaside. The matter is remanded back to the learned Magistrate, X Metropolitan Magistrate Court, Egmore at Chennai to consider the case a fresh and dispose of the same. 2/4

4. With the above directions, this Criminal Revision Petition stands disposed of.

11.08.2025 Index:Yes/No Internet:Yes/No smn To.

To

1. The Inspector of Police P-6 Kodungaiyur Police Station, Kodungaiyur, Chennai 600 118.

2. The X Metropolitan Magistrate Court, Egmore at Chennai

3. The Public Prosecutor, High Court, Madras.

3/4

G.K.ILANTHIRAIYAN, J.

smn Crl.R.C No.238 of 2025 11.08.2025 4/4