Madras High CourtCRL RC(MD)/337/2020dismissed

Jenifer v. The Inspector Of Police

2020-07-10Honourable Mrs Justice R. Tharani2 pages

CRL.R.C(MD).No. 337 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2020 C O R A M THE HONOURABLE MRS. JUSTICE R. THARANI CRL.R.C(MD).No. 337 of 2020 Jenifer .. Petitioner / Petitioner Vs.

The State rep. by The Inspector of Police, Airport Police Station, Trichy City.

... Respondent / Respondent Prayer : This Criminal Revision Case is filed under Section 397 r/w. 401 Cr.P.C., seeking to set aside the order dated 05.03.2020 made in Crl.M.P.No.6633 of 2019 on the file of learned Judicial Magistrate No.VI (FAC), Trichy District and consequently, to direct the respondent to register the First Information Report and investigate the same based on the complaint dated 03.12.2019. For Petitioner : Mr.K.M. Karunakaran For Respondent : Ms. Anantha Devi Government Advocate

ORDER

This Criminal Revision Case is filed to set aside the order, dated 05.03.2020 made in Crl.M.P.No.6633 of 2019 on the file of learned Judicial Magistrate No.VI (FAC), Trichy District and consequently, to direct the respondent to register the First Information Report and investigate the same based on the complaint, dated 03.12.2019.

2. The contention of the petitioner is that he lodged a complaint before the learned Judicial Magistrate No.VI (FAC), Trichy, under Section 156(3) CR.P.C., for forwarding the complaint to the police. But, the said petition was dismissed by the learned Judicial Magistrate, instead of forwarding to police under Section 156(3) of Cr.P.C., Hence, the petitioner has filed the present petition seeking a direction to the police to register the First Information Report.

3. I have heard the learned counsel for the petitioner.

4. On perusal of the records it is seen that the complaint filed by the petitioner is for recovery of money. When the prayer is for recovery of money and the dispute is civil in nature, the learned Magistrate has rightly dismissed the petition. Therefore, there is no error in the order passed by the learned Judicial https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.R.C(MD).No. 337 of 2020 Magistrate No.VI (FAC), Trichy District. Hence, there is nothing survives to interfere with the order of the learned Magistrate.

5. Accordingly, the Criminal Revision Case is dismissed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) trp NOTE: In view of the present lock down owing to COVID19 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.VI (FAC), Trichy District

2. The Inspector of Police, Airport Police Station, Trichy City.

CRL.R.C(MD).No. 337 of 2020 10.07.2020 SMA/16/07/2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2