Madras High CourtCRL RC(MD)/481/2023dismissed

Ramaselvam v. The Inspector Of Police

2023-04-28Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Ramaselvam : Petitioner Vs.

State rep.through The Inspector of Police, Tiruchendur Temple Police Station, Thoothukudi District.

: Respondent PRAYER: Criminal Revision Petition has been filed under Section 397(1) r/w 401 of Cr.P.C, to call for the records relating to the order dated 07.03.2023 passed in Cr.M.P.No. 273 of 2023 on the file of the learned Judicial Magistrate, Tiruchendur and set aside the same. For Petitioner : Mr.J.David Ganesan For Respondent : Mr.SS.Madhavan, Government Advocate (Criminal Side)

ORDER

The Criminal Revision is directed against the order dated 07.03.2023 passed in Cr.M.P.No. 273 of 2023 on the file of the learned 1/4

Judicial Magistrate, Tiruchendur, dismissing the petition filed under Section 156(3) Cr.P.C.

2. The learned Judicial Magistrate by specifically observing that the petitioner has not complied with the requirements contemplated under Section 154(3) Cr.P.C, dismissed the petition.

3. As per Section 154(3) Cr.P.C, after lodging a complaint before the jurisdictional Police, the aggrieved person has to send the substance of such information in writing and by post to the Superintendent of Police. But in the case on hand, as rightly pointed out by the learned Magistrate the petitioner has sent a letter to the Superintendent of Police by simply referring the CSR given to the complaint lodged before the respondent.

4. On considering the entire facts and circumstances of the case, this Court is of the view that the impugned order dismissing the petition cannot be found fault with. Hence, this Court concludes that the revision is devoid of merits and the same is liable to be dismissed. Accordingly, the revision is dismissed. However, the petitioner is at liberty to comply with 154(3) Cr.P.C and file a petition under Section 156(3) Cr.P.C and on such 2/4

application is filed, the learned Magistrate is directed to consider the same and pass orders in accordance with law.

28.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Judicial Magistrate, Tiruchendur.

2.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J.

das Order made in 28.04.2023 4/4