Madras High CourtCRL RC(MD)/500/2025dismissed

S.Kanthimathi v. The State Of Tamilnadu

2025-04-17Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR S.Kanthimathi ... Petitioner in both the petitions Vs.

1.The State of Tamil Nadu represented through The Inspector of Police, Singampunari Police Station, Sivagangai District.

2.S.Parimala 3.Aravindh ... Respondents 1 to 3 in both the petitions 4.The ICICC Bank Limited, 285/E, Madurai Main Road, Thiruppathur-630211, Sivagangai District.

5.The ICICC Bank Limited, through its Branch Manager, B.Venkateshan, 285/E, Madurai Main Road, Thiruppathur-630211, Sivagangai District.

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6.Jeyalakshmi ... Respondents 4 to 6 in Crl.R.C.

(MD)No.501 of 2025 COMMON PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records in Cr.M.P.Nos.8 of 2025 and 9 of 2025 on the file of the District Munsif cum Judicial Magistrate, Singampunari dated 01.02.2025 and 31.01.2025 respectively and to set aside and reverse the same.

(in both the petitions) For Petitioner : Mr.H.Mahamed Hussain For R1 : Mrs.M.Aasha Government Advocate (Crl. Side) COMMON ORDER These Criminal Revisions are directed against the orders passed in Crl.M.P.Nos.8 of 2025 and 9 of 2025 dated 01.02.2025 and 31.01.2025 respectively on the file of the District Munsif cum Judicial Magistrate, Singampunari, dismissing the petitions filed under Section 175(3) B.N.S.S.

2. The main reason assigned for dismissal by the learned Magistrate is that the petitioner has not sent any complaint to the jurisdictional police i.e., first respondent and without giving any 2/5

complaint and without giving any time to the jurisdictional police to act upon the complaint lodged by him, the petitioner has straightaway approached the Superintendent of Police.

3. It is not in dispute that this Court in W.P.(MD)No.24045 of 2023 vide order dated 15.11.2024 while disposing the petition, has granted liberty to the petitioner to work out his remedy under Section 156(3) Cr.P.C. (175(3) B.N.S.S.) and proceed further in accordance with law. Even thereafter, the petitioner has not chosen to send any complaint to the jurisdictional police. Hence, the impugned orders cannot be found fault with. Consequently, this Court concludes that the revisions are devoid of merits and the same are liable to be dismissed.

4. In the result, these Criminal Revisions stand dismissed. The petitioner is at liberty to give a complaint to the jurisdictional police and then to proceed in accordance with law. No costs. 17.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No 3/5

csm 4/5

K.MURALI SHANKAR,J.

csm To 1.The District Munsif cum Judicial Magistrate, Singampunari.

2.The Inspector of Police, Singampunari Police Station, Sivagangai District.

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

Common order made in Dated: 17.04.2025 5/5