Bala Krishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2017

CORAM

THE HON'BLE MR.JUSTICE B.GOKULDAS Crl.R.C(MD).No.820 of 2016 Balakrishnan ... Petitioner/Defacto Complainant -VsThe State rep. by The Inspector of Police, Panagudi Police Station, Tirunelveli District.

(Crime No.309 of 2014) ... Respondent/Respondent Prayer : Criminal Revision Case filed under Section 397 r/w 401 and 482 of the Code of Criminal Procedure, as against the order passed by the Learned Judicial Magistrate, Valliyoor, Tirunelveli District in L.F No. 369 of 2016 vide his order dated 03.10.2016 whereby and where under he has ordered stopping of investigation of the case in crime No. 309 of 2014 pending on the file of the respondent.

For Petitioner : Mr.R.Anand For Respondent : Mrs.S.Prabha Government Advocate (Crl. Side)

O R D E R

The learned counsel for the petitioner and the learned Government Advocate (Crl. Side) are present.

2.Counter affidavit is filed by the learned Government Advocate (Crl. Side).

3.On perusal of the impugned order and the connected records filed along with this Criminal Revision Case, I am of the view that there is a provision under Section 167(6) of Cr.P.C to get remedy before the District Court itself. Hence, this Criminal Revision is not maintainable before this Court.

4.Accordingly, this Criminal Revision Case is dismissed, with liberty to the petitioner to file a petition before the District Court concerned and get the remedy.

5.The Registry is directed to return the original impugned order forthwith to the learned counsel for the petitioner. Sd/- Assistant Registrar(AE) https://hcservices.ecourts.gov.in/hcservices/ /TRUE COPY/ Sub Assistant Registrar

To

1. The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

Crl.R.C(MD) No.820 of 2016 10.02.2017 AAM/JM/28.02.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/