Madras High CourtCRL RC(MD)/854/2025partly allowed

Ravi v. Thiyagarajan

2025-08-11Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Ravi ... Petitioner/ Complainant Vs.

Thiyagarajan ... Respondent / Accused PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to call for the records relating to the order passed in S.T.C.No. 380/2013, on the file of the learned Judicial Magistrate No.I, Pudukkottai, dated 31.01.2024, and set aside the same as illegal. For Petitioner : Mr.J.Jeyakumaran For Respondent : No appearance

ORDER

Challenging the order passed by the learned Judicial Magistrate No.I, Pudukkottai, in S.T.C.No.380/2013, dated 31.01.2024, this Criminal Revision case is filed.

2. After examining the complainant under Section 299 of the Code of Criminal Procedure, 1973, and taking his sworn statement, the learned Trial 1/4

Court observing that the case could be kept in the register of long pending cases, further directed the Magisterial Clerk to make an entry in the prescribed register for long pending cases. Thereafter, keeping the same as a long pending case, a Non Bailable Warrant was issued against the accused and the NBW was forwarded to the Superintendent of Police, Pudukkottai, for execution and the case was disposed of. Challenging the same, this Criminal Revision case is filed.

3. This Court is of the considered view that the learned Judicial Magistrate No.I, Pudukkottai, ought to have issued a Non Bailable Warrant against the accused and should have sent the same for the Superintendent of Police, Pudukkottai, for execution, without disposing of the case and keeping the same pending endlessly by making entry in the Registry for long pending case. I deprecate the practice of keeping STC cases pending unendingly by making an entry in the prescribed register for long pending cases.

4. Accordingly, the impugned order is modified and the Criminal Revision case is partly allowed.

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5. The Superintendent of Police, Pudukkottai, is directed to execute a warrant within a period of two (2) weeks from the date of receipt of copy of this order. No costs.

11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Judicial Magistrate No.I, Pudukkottai.

2.The Superintendent of Police, Pudukkottai.

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

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L.VICTORIA GOWRI, J., Sml 11.08.2025 4/4