Madras High CourtCRL RC(MD)/363/2022dismissed

A. Arulraj v. The Inspector Of Police

2022-04-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD)No.363 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.363 of 2022 & Crl.M.P(MD)No.4685 of 2022

1. A.Arulraj

2. A.Aravind Asir ... Petitioners/Respondents Vs.

1. The Inspector of Police, District Crime Branch, Kanyakumari District, Nagercoil.

...1st Respondent/Complainant

2. M.Subramanian ...2nd Respondent/Petitioner Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to set aside the order passed by the learned Judicial Magistrate No.I, Nagercoil, in Crl.M.P.No.124 of 2022, dated 10.3.2022.

For Petitioners : Mr.Ananth C.Rajesh For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) for R.1

O R D E R

This Criminal Revision Case has been filed to set aside the order passed by the learned Judicial Magistrate No.I, Nagercoil, in Crl.M.P.No.124 of 2022, dated 10.3.2022.

2. The learned counsel for the petitioners would submit that already the second respondent had lodged a complaint and on receipt of the same, the Deputy Superintendent of Police, District Crime Branch issued summons to the petitioners as well as to the second respondent herein. After a detailed enquiry, the same was closed as a false complaint. However, it was completely suppressed by the second respondent and filed another complaint and sought for a direction under Section 156(3) Cr.P.C.

3. A perusal of the records would reveal that on the complaint lodged by the first petitioner, the Deputy Superintendent Police issued summons to the petitioners as well as the second respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.363 of 2022 However, there are no records to show that the Deputy Superintendent of Police, District Crime Branch, Kanyakumari District, conducted the enquiry and the same was closed. That apart, on a perusal of the complaint, there is specific allegations as against the second respondent and as such, rightly directed the first respondent to register a case and report on the complaint lodged by the petitioners herein. This Court finds no infirmity or illegality in the order passed by the Court below.

4. Accordingly, this Criminal Revision Case is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To:-

1. The Inspector of Police, District Crime Branch, Kanyakumari District, Nagercoil

2. The Judicial Magistrate No.I, Nagercoil.

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

+1 CC to M/s.ANANTH C. RAJESH, Advocate ( SR-18469[F] dated 13/04/2022 ) Crl.R.C.(MD)No.363 of 2022 & Crl.M.P(MD)No.4685 of 2022 12.04.2022 RD(25.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2