Madras High CourtCRL RC(MD)/593/2016dismissed

D. Selvaraj v. Samuelraja

2016-10-05Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2016

CORAM

THE HONOURABLE MR.JUSTICE B.GOKULDAS CRL.R.C.(MD)No.593 of 2016 D.Selvaraj ... Petitioner/Complainant Vs.

1. Samuelraja

2. A.Yovan @ Murugan

3. Y.Marthal

4. S.Selvan

5. T.Samiyadiyan ... Respondents/Respondents Prayer : The Criminal Revision Petition is filed under Section 397 r/w. Section 401 of Cr.P.C., against the order dated 12.05.2016 passed in Cr.M.P.No.4309 of 2016 on the file of the learned Judicial Magistrate, Rajapalayam and to set aside the same. For Petitioner : Mr.P.Muthusamy For Respondents : Mr.A.John Vincent

O R D E R

The Criminal Revision Petition is filed to set aside the impugned order, dated 12.05.2016 passed in Cr.M.P.No.4309 of 2016 on the file of the learned Judicial Magistrate, Rajapalayam.

2. The revision petitioner has filed a petition under Section 156(3) Cr.P.C., before the learned Judicial Magistrate, Rajapalayam and the same was dismissed without taking cognizance of the complaint of the petitioner. Aggrieved by the order of the learned Judicial Magistrate, Rajapalayam, the petitioner has preferred this Criminal Revision Petition.

3. The learned counsel for the petitioner would submit that the learned Judicial Magistrate, Rajapalayam has not forwarded the complaint to the police to register the same and straight away dismissed the complaint, without considering the merits of the matter.

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4. The learned counsel appearing for the respondents submits that the learned Judicial Magistrate, Rajapalayam, after

considering all the aspects, dismissed the complaint that there is no case made out against the respondents.

5. This Court has considered the submissions made by the learned counsel for the petitioner, the learned counsel for the respondents and perused the records.

6. This Court is of the considered view that there is no arguable points in this criminal revision petition and the trial Court has considered all the aspects and dismissed the complaint given by the petitioner stating that there is no case made out as against the respondents and hence, the order passed by the learned Judicial Magistrate, Rajapalayam in Cr.M.P.No.4309 of 2016, dated 12.05.2016 does not suffer from any infirmity and no interference is required by this Court.

7. In the result, this Criminal Revision Petition is dismissed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar akv To The Judicial Magistrate, Rajapalayam.

+1CC to Mr.P.Muthusamy, Advocate Sr.No.59346 +1CC to Mr.A.John Vincent, Advocate Sr.No.59948 GJM/SKS/RR/12.12.16-2p-4C CRL.R.C.(MD)No.593 of 2016 05.10.2016 https://hcservices.ecourts.gov.in/hcservices/