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Madras High CourtCRL RC(MD)/266/2023dismissed

P.Mohanasundaram v. The Superintendent Of Police

2023-03-07Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR P.Mohanasundarm ... Petitioner/ Complainant Vs.

1.The Superintendent of Police, Dindigul.

2.The Deputy Superintendent of Police, Vedasanthur, Dindigul District.

3.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

4.Arumugasamy 5.Kamaraj 6.Elango 7.Prabu ... Respondents/ Respondents PRAYER : This Criminal Revision has been filed under Section 397 and 401 of Criminal Procedure Code, to call for the records pertaining to 1/4

the order passed by the learned Additional District Munsif cum Judicial Magistrate Court, Vedasanthoor in Cr.M.P.No.348 of 2023 dated 20.01.2023 and set aside the same.

For Petitioner : Mr.M.Vigneshkumar For R1 to R3 : Mr.A.Albert James Government Advocate (Crl. Side)

ORDER

This Criminal Revision Petition is directed against the order passed in Cr.M.P.No.348 of 2023 dated 20.01.2023 on the file of the Additional District Munsif cum Judicial Magistrate Court, Vedasanthoor.

2. The revision petitioner/complainant has filed a petition under Section 156(3) Cr.P.C. seeking direction for registration of an FIR. The learned Magistrate, after perusing the complaint and other materials available, by holding that there existed property dispute between the parties, that the petitioner has not shown any prima facie case, that the petitioner is attempting to convert the civil case into criminal case and that the complainant has given exaggerating false particulars, dismissed the complaint.

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3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 would submit that on the basis of the complaint given by the petitioner's wife Valliselvi, FIR came to be registered in Crime No.84 of 2023 dated 28.02.2023 for the offences under Sections 447, 294(b) and 506(1) IPC and that investigation is pending.

4. A perusal of the complaint filed by the petitioner under Section 156(3) Cr.P.C. and other materials would reveal that the finding of the learned Magistrate is correct and the same cannot be found fault with. Hence, this Court is of the view that this petition is devoid of merits and the same is liable to be dismissed.

5. In the result, this Criminal Revision Petition stands dismissed. However, the petitioner is at liberty to file a private complaint, if so advised.

07.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Dindigul.

2.The Deputy Superintendent of Police, Vedasanthur, Dindigul District.

3.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 07.03.2023 4/4