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Madras High CourtCRL RC(MD)/293/2019dismissed

P. Amutha Selvi v. Kumaresan

2023-06-27Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Amutha Selvi ... Petitioner/Complainant Vs.

1.Kumaresan 2.C.Shanmugavel 3.B.Chellappan 4.A.Balasubramanian 5.P.Chandrasekar ... Respondents/Respondents PRAYER: Criminal Revision Case filed under Section 397 and 401 of the Code of Criminal Procedure, to call for the records pertaining to the order passed in Cr.M.P.No.6653 of 2017, dated 24.07.2017 on the file of the learned Judicial Magistrate, Valliyoor and set aside the same.

For Petitioner : Mr.G.Aravinthan For Respondents : Mr.S.R.Anbarasu 1/4

ORDER

The revision has been filed as against the order passed in Cr.M.P.No.6653 of 2017, dated 24.07.2017 on the file of the learned Judicial Magistrate, Valliyoor, thereby dismissing the private complaint filed under Section 200 of Cr.P.C.

2.The petitioner lodged a private complaint with the allegation that the respondents trespassed into their house on 16.09.2016, when her son was alone in the house and damaged the household articles. They also threatened him with dire consequences and scolded him with filthy language. 3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.On perusal of the records revealed that the petitioner's husband was suspended by the Secretary of Palavur Primary Cooperative Society, in which, charge-memo was served on the petitioner's husband. In order to escape from the clutches of law, 2/4

the petitioner lodged a complaint. In fact, the petitioner has already filed a petition for direction under Section 156(3) of Cr.P.C, in which, the Court below directed the Inspector of Police to conduct enquiry and submit a report. After enquiry, the Inspector of Police reported that no allegations are made out to attract any of the offence alleged by the petitioner. After examining the petitioner and on perusal of the petitioner's documents Ex.P.1 to P.7, the learned Magistrate rightly dismissed the complaint and this Court finds no infirmity or illegality in the order passed by the Court below. Accordingly, this Criminal Revision Case is dismissed. 27.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes ps To 1.The Judicial Magistrate, Valliyoor.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 27.06.2023 4/4