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Madras High CourtCRL RC(MD)/383/2020dismissed

S.Mariselvan v. J.Ravi.

2022-02-16Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD).No.383 of 2020 and Crl.M.P.(MD).No.3327 of 2020 1.S.Mariselvan 2.A.Murugesan 3.S.Ganesan 4.R.Cirill @ Gireeswarakumar

...Petitioners

Vs.

1.J.Ravi 2.Shamili 3.Jenisha 4.Vaiju 5.Dharmasekar 6.Dhaya 7.Logidoss 8.Epanesar 9.Gandoss 10.Priya

...Respondents

PRAYER: Criminal Revision Case filed under Section 397 and 401 Cr.P.C. praying to set aside the order dated 28.01.2020 passed in Cr.M.P.No.292 of 2020 on the file of the learned District Munsif cum Judicial Magistrate, Poothapandi.

For Petitioners : Mr.D.Selvanayagam For R-1 : Mr.T.Lajapathy Roy For R-2 to R-10 : No appearance

ORDER

This Criminal Revision Case has been filed challenging the order passed by the learned District Munsif cum Judicial Magistrate, Poothapandi in Cr.M.P.No.292 of 2020, dated 28.01.2020.

2. The first respondent lodged complaint before the Inspector of Police, Boothapandi Police Station, Kanyakumari District. However, the Inspector of Police, Boothapandi Police Station did not register the same and as such, the first respondent was constraint to file a private complaint before the learned District Munsif cum Judicial Magistrate, Boothapandi in Cr.M.P.No.292 of 2020 and it was allowed.

3. On perusal of records, it is seen that the petitioner's complaint lodged before the Inspector of Police, Boothapandi Police Station was enquired and it was closed. Pursuant to the closure report, the first respondent lodged a private complaint and the same has now been forwarded to the Inspector of Police, Boothapandi Police Station to register the F.I.R., investigate and report.

4. Hence, this Court finds no infirmity or illegality in the order passed by the learned District Munsif cum Judicial Magistrate, Boothapandi in Cr.M.P.No.292 of 2020 and the Criminal Revision Case is dismissed. Further, the Inspector of Police, Boothapandi Police Station, Kanyakumari District is directed to register the F.I.R., as directed by the learned District Munsif cum Judicial Magistrate, Boothapandi in Cr.M.P.No.292 of 2020, dated 28.01.2020 and complete the investigation within a period of twelve (12) weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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 District Munsif cum Judicial Magistrate, Poothapandi.

2.The Inspector of Police, Boothapandi Police Station, Kanyakumari District.

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

+1 CC to M/s.D.SELVANAYAGAM, Advocate ( SR-6717[F] dated 17/02/2022 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate( SR-6700[F] dated Crl.R.C.(MD).No.383 of 2020 16.02.2022 MGJ(09.03.2022) 3P 6C