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Madras High CourtCRL RC(MD)/500/2017dismissed

S. Periya Nadar v. The Sub Inspector Of Police

2017-07-06Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CrlR.C.(MD) No.500 of 2017 and Crl.M.P(MD)No.5530 of 2017 S.Periya Nadar ... Petitioner Vs.

The Sub Inspector of Police, Suchindrum Police Station, Kanyakumari District.

... Respondent Petition filed under Sections 397 read with 401 Cr.P.C, against the order dated 11.04.2017 passed in Crl.MP.No.1423 of 2017 by the Judicial Magistrate, No.III, Nagercoil. For Petitioner : Mr.C.T.Perumal For Respondent : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor

ORDER

The petitioner has filed an application under Section 156

(3) Cr.P.C., before the Judicial Magistrate, No.III, Nagercoil, seeking a direction to the police to register his complaint. The Court below after perusing the records and considering the nature of case, treated the application itself as private complaint and directed the petitioner to file proof affidavit and posted the matter for recording statement of complainant and witnesses. Challenging the said order, the present Revision Case has been filed.

2.Heard Mr.C.T.Perumal, learned counsel for the petitioner and Mr.C.Mayilvahana Rajendran, learned Additional Public Prosecutor for the respondent.

3.The Judicial Magistrate after considering the nature of the case and also after perusing the available records, treated the petition itself as private complaint and directed the petitioner to file proof affidavit and list of witnesses. Hence, I find no illegality in the order passed by the Magistrate and therefore, this Revision is liable to be dismissed. 4.In fine, this Criminal Revision Case is dismissed. Consequently, Crl.MP(MD)No.5530 of 2017 is closed. Sd/- Assistant Registrar (CS-II) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To

1. The Judicial Magistrate, No.III, Nagercoil.

2. The Sub Inspector of Police, Suchindrum Police Station, Kanyakumari District.

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

+1 CC to M/s.C.T.PERUMAL, Advocate, SR No. 64065 MJ PSM/SV/SAR1/19.07.2017/2P/5C CrlR.C.(MD) No.500 of 2017 and Crl.M.P(MD)No.5530 of 2017 06.07.2017 https://hcservices.ecourts.gov.in/hcservices/