Madras High CourtCRL RC(MD)/39/2022dismissed

Sankaranarayanan v. The Sub Inspector Of Police

2022-03-22Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C(MD)No.39 of 2022 and Crl.M.P(MD).No.870 of 2022 Sankaranarayanan ... Petitioner Vs.

1.State Represented by The Sub-Inspector of Police, Vanniyampatti Police Station, Virudhunagar District.

2.Sathiyabama 3.Bangarusamy 4.Nithyadevi 5.Rukmani 6.Seenivasan 7.Sathieskumar 8.Sudha @ Abinaya 9.Sujatha ... Respondents Prayer: This Criminal Revision Case filed under Section 397 and 401 Cr.P.C., to call for the entire records relating to the order of the Judicial Magistrate No.II, Srivilliputhur dated 15.11.2021 in Cr.M.P.No.747 of 2021 in S.T.C.No.16 of 2021 and set aside the same. For Petitioner : Mr.S.Ramasamy For R1 : Mr.B.Thanga Aravindh Government Advocate(Crl.side) For R4 : Mr.R.Ilayaraja

O R D E R

This Civil Revision Case has been filed to call for the entire records relating to the order of the Judicial Magistrate No.II, Srivilliputhur dated 15.11.2021 in Cr.M.P.No.747 of 2021 in S.T.C.No.16 of 2021 and set aside the same.

2. Based on the complaint given by the petitioner, the first respondent registered the case in Crime No.307 of 2020 for the offences punishable under Sections 147 and 294(b) of IPC. After completion of the investigation, the first respondent has filed a 1/3

final report before the learned Judicial Magistrate No.II, Srivilliputhur and the same was taken on file in S.T.C.No.16 of 2021. Thereafter, the petitioner filed a petition for further investigation in Crl.M.P.No.747 of 2021 under Section 173(8) of Cr.P.C and the same was dismissed on 15.11.2021. Challenging the same, the present Civil Revision case has been filed.

3. Hear both sides and perused the materials available on record.

4.On perusal of the FIR and the 161(3) statement, it shows that the petitioner did not disclose any materials to attract the Sections 352 and 506(ii) of IPC. The ingredients of Section 506 of IPC to be satisfied and it must cause alarm in the mind of defacto complainant. After conducting enquiry, the Investigation Officer has filed a charge sheet under Sections 147, 294(b) of IPC. Therefore, the order of the trial Court does not suffer from any factual or legal infirmity and it does not warrant any interference. 5.In the result, this Civil Revision Case is dismissed and the order of the Judicial Magistrate No.II, Srivilliputhur dated 15.11.2021 passed in Cr.M.P.No.747 of 2021 in S.T.C.No.16 of 2021 is confirmed. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) tta Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Judicial Magistrate No.II, Srivilliputhur 2.The Sub-Inspector of Police, Vanniyampatti Police Station, Virudhunagar District.

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3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.R.ILAYARAJA, Advocate ( SR-13742[F] dated 23/03/2022 ) Crl.R.C.(MD)No.39 of 2022 22.03.2022 GM(CO) KB(28.04.2022) 3P 5C 3/3