Madras High CourtCRL RC(MD)/376/2023dismissed

Chakravarthi v. Sathiyapriya

2023-04-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.376 of 2023 Chakravarthi ... Petitioner/Petitioner Vs.

1.Sathiyapriya 2.Kiruthickraj 3.Nagaraj 4.Babu 5.Sethupandi 6.The Inspector of Police, Central Crime Branch, Madurai.

7.The Commissioner of Police, Madurai City.

...Respondents/Respondents

Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the impugned order passed by the learned Judicial Magistrate No.1, Madurai made in Crl.M.P.No.77 of 2023 dated 06.02.2023 and set aside the same and allow the above criminal revision petition.

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For Petitioner : Mr.C.Gangai Amaran, For R6 & R7 : Mr.SS.Madhavan, Government Advocate (Crl. side)

O R D E R

This Criminal Revision is directed against the order passed in Crl.M.P.No. 77 of 2023 dated 06.02.2023 on the file of the Judicial Magistrate No.1, Madurai.

2. The main contention of the petitioner is that he has entered into a sale agreement with one Sankar on 04.07.2021 and paid a sum of Rs.30 lakhs as advance and subsequently, the said Sankar had died and hence, the petitioner had approached wife and daughter of the deceased Sankar, that meanwhile, the wife and daughter of the deceased Sankar had executed a sale deed to the third party suppressing the sale agreement entered into between the petitioner and the deceased Sankar and that when the petitioner had demanded to refund the amount, they have threatened the petitioner.

3. The learned Judicial Magistrate, considering the complaint, has rightly observed that it is a clear case of civil dispute and dismissed the petition. Hence, 2/4

the impugned order passed by the learned Magistrate dismissing the petition cannot be found fault with and this Court concludes that the revision is devoid of merits and the same is liable to be dismissed.

4. In the result, this Criminal Revision Petition is dismissed. However, the petitioner is at liberty to file a private complaint, if so advised. 03.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No csm To:- 1.The Inspector of Police, Central Crime Branch, Madurai.

2.The Commissioner of Police, Madurai City.

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

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K.MURALI SHANKAR, J.

csm ORDER MADE IN Crl.R.C.(MD)No.376 of 2023 03.04.2023 4/4