Madras High CourtCRL RC(MD)/21/2025dismissed as infructuous

N.Gurusamy v. Chandrakumar

2025-02-17Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.21 of 2025 and Crl.M.P(MD)No. 134 of 2025 N.Gurusamy : Petitioner Vs.

1. Chandrakumar

2. State represented by The Inspector of Police, Cyber Crime Division - III Police Station, Madurai City.

[Crime No.46 of 2023].

: Respondents PRAYER : This Criminal Revision Petition has been filed under Section 397(1) read with 401 of Criminal Procedure Code and Section 438(1) read with 442 of BNSS Act, to set aside the order passed in Crl.M.P No.5205 of 2024 in C.C.No.1525 of 2024 on the file of the Learned Judicial Magistrate-I, Madurai, dated 30.12.2024 and allow this Revision.

For Petitioner : Mr.C.Vakeeswaran For Respondents : Mr.N.Gurusamy, for R-1 Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) for R-2 1/5

O R D E R

The Criminal Revision is filed by the Petitioner herein/defacto complainant against the order, dated 30.12.2024 passed in Crl.M.P No.5205 of 2024 in C.C.No.1525 of 2024, on the file of the Learned Judicial Magistrate-I, Madurai, permitting the 1st respondent herein/accused to travel German Country for a period from 10.01.2025 to 20.01.2025.

2. The Learned Counsel appearing for the petitioner would submit that despite their serious objections and the nature of the allegations levelled against him the Learned Magistrate has permitted the 1st respondent herein/accused to travel Germany with certain directions and hence the petitioner was constrained to file the present Revision challening the said order and obtained interim order.

3. The Learned Government Advocate (Crl. Side) appearing for the respondent police would submit that the 1st respondent herein/accused has not produced a copy of the Visa, as directed by the Learned Jurisdictional Magistrate.

2/5

4. Heard on either side. Perused the material documents available on records.

5. It is pertinent to note that the period which was permitted by the Learned Magistrate has already expired and as such, the prayer of the 1st respondent herein/accused has become infructuous. Consequently, this Criminal Revision Petition has also become infructuous.

6. In the result, this Criminal Revision Petition is dismissed as infructuous. The 1st respondent herein/accused is at liberty to file a fresh application, if so advised. On filing of such application, the Petitioner herein/defacto complainant is is at liberty to canvass the contentions now raised, before the concerned Court.

17.02.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No KSA 3/5

To:-

1. The Judicial Magistrate Court-I, Madurai.

2. The Inspector of Police, Cyber Crime Division - III Police Station, Madurai City. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

K.MURALI SHANKAR, J.

KSA Order made in Crl.R.C.(MD)No.21 of 2025 17.02.2025 5/5