S.M.Kamaludeen v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI S.M. Kamaludeen
...Petitioner
Vs.
1. The Commissioner of Police, Greater Chennai, Vepperi Chennai - 600 007.
2. The Inspector of Police, E-4, Abiramapuram Police Station, Abiramapuram, Chennai - 600 028 ..... Respondents Prayer: This Criminal Revision case is filed under section 438 r/w 443 of BNSS to call for the records related to the order dated 06.08.2025 passed in Crl.M.P.No.4082 of 2025 on the file of the XXIII Metropolitan Magistrate at Saidapet, Chennai and set aside the same and consequently direct the second respondent police to register the First Information Report on the petitioner's complaint dated 07.12.2024 in CSR No.470 of 2024 dated 10.12.2024 For appellant : Mr.B. Thiyagarajan For Respondents : Mr. Dr.C.E.Pratap Government Advocate
O R D E R
This Criminal Revision case is filed to call for the records related to the order dated 06.08.2025 passed in Crl.M.P.No.4082 of 2025 on the file of the
XXIII Metropolitan Magistrate at Saidapet, Chennai and set aside the same and consequently direct the second respondent police to register the First Information Report on the petitioner's complaint dated 07.12.2024 in CSR No.470 of 2024 dated 10.12.2024.
2.The case of the prosecution is that the petitioner is a member of Madras Boat club and he has paid a sum of Rs.5,95,045/- as entrance fee. While so to the shock and surprise on 03.12.2024 an intimation was sent about the termination of petitioner's members ship. It is pertinent to note that the petitioner was not issued any memo or notice before termination of membership. Hence the petitioner filed a petition in Crl.M.P.No.4082 of 2025 on the file of the XXIII Metropolitan Magistrate, Saidapet, Chennai and the same was dismissed on 07.08.2025. Hence, this petition.
3. The learned counsel for the petitioner submitted that the petitioner's membership was terminated without hearing the petitioner which is against the by-law. The learned counsel for the petitioner further submitted that the 2nd respondent ignored the petitioner's complaint by giving civil colour to the criminal offence and the learned Judge has also not appreciated the facts in proper perspective and passed the impugned order. Hence prays to allow this petition.
4. The learned Government Advocate submitted that there is no violation on the part of the Madras Boat club. He further submitted as the petitioner has spoken in a abusive manner which resulted in termination from the said club. He further submitted that the petitioner himself declared and submitted that he shall exhibit good behaviour and sportsmanship at Madras Boat Club. Hence there is no necessity to interfere with the impugned order and prays to dismiss this petition.
5. Heard both sides and perused the materials available on record.
6. On a perusal of the impugned order it is seen that the learned Judge has made an observation that there is no criminal breach of trust on the part of the Madras Boat Club. Before concluding the learned Judge has made an observation that the Madras Boat Club has refunded the amount to the petitioner based on the resolution dated 16.06.2017. If there is any dispute with regard to money transactions, it is open for the petitioner to approach the appropriate forum for relief. This Court is of the view that the finding rendered by the learned Judge needs no interference as the same is perfectly valid in the eye of law.
7. For the foregoing reasons the order passed by the learned Judge in Crl.M.P.No.4082 of 2025 on the file of the XXIII Metropolitan Magistrate at Saidapet, Chennai dated 06.09.2025 is confirmed and this Criminal Revision case is dismissed.
24.11.2025 To
1. The Commissioner of Police, Greater Chennai, Vepperi Chennai - 600 007.
2. The Inspector of Police, E-4, Abiramapuram Police Station, Abiramapuram, Chennai - 600 028
3. The learned XXIII Metropolitan Magistrate at Saidapet, Chennai
T.V.THAMILSELVI ,J.
smn 24.11.2025