Madras High CourtCRL RC(MD)/275/2024disposed of

Kasiraja v. The Superintendent Of Police

2024-03-13Honourable Mr.Justice Vivek Kumar Singh6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.03.2024

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Kasiraja .. Petitioner Vs.

1.State rep. by The Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District.

3.Marimuthu 4.Sumith Srimal 5.Paul 6.The Director, Bhomiaji Enterprises Private Limited, 1/6

No.2/5 A/1, Ganesh Nagar, Thoothukudi District.

7.Solaiyappan 8.Kanthasamy 9.Arumugam 10.Murugesan 11.Ramakrishnan ... Respondents PRAYER : Criminal Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the order passed by the learned Judicial Magistrate No.IV, Thoothukudi in Cr.M.P.No.20489 of 2023, dated 10.01.2024 and direct the 2nd respondent herein viz Inspector of Police, DCB, Thoothukudi to register an FIR. For Petitioner : Mr.S.Vinayak For Respondent : Mr.R.Sivakumar Government Advocate (Crl. Side) for R1 and R2 2/6

ORDER

Challenging the order passed by the learned Judicial Magistrate No.IV, Thoothukudi, dated 10.01.2024 in Cr.M.P.No.20489 of 2023, the present Criminal Revision has been filed by the petitioner.

2. Heard Mr.S.Vinayak, learned counsel for the petitioner and Mr.R.Sivakumar, learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2.

3. When the matter was taken up for consideration, the learned counsel for the petitioner confined his prayer to the extent that it would suffice to the petitioner if this Court directs the Court below to consider the application afresh and pass orders.

4. Considering the limited scope of the prayer now sought for by the petitioner, without going into the merits of the matter, the matter is remitted back to the court below to consider the application of the petitioner 3/6

afresh on merits and in accordance with law, without being influenced by any of the observations contained herein. Such reasoned order shall be passed within a period of one month from the date of receipt of a copy of this order.

5. With the above direction, the Criminal Revision Case is disposed of.

13.03.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PKN 4/6

Copy to

1. The Judicial Magistrate No.IV, Thoothukudi. 2.The Superintendent of Police, Thoothukudi, Thoothukudi District.

3.The Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District.

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VIVEK KUMAR SINGH, J.

PKN 13.03.2024 6/6