Pandiselvi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.618 of 2022 Pandiselvi ... Revision Petitioner/Petitioner Vs.

1.The State represented by The Sub-Inspector of Police, All Women Police Station, Aruppukottai.

2.Sivasubramaniam 3.Valarmathi 4.Karanathandi 5.Nivetha 6.Sivaganesan 7.Karthiga ... Respondents/Respondents Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the entire records pertaining to the order passed in Cr.M.P.No.2241 of 2022 dated 31.05.2022 on the file of the Judicial Magistrate Court, Aruppukottai, and set aside the same by allowing this Criminal Revision.

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For Petitioner : Mr.S.Balamurugan, For Respondents : Mr.S.Manikandan, Government Advocate (Crl. side) for R1

JUDGMENT

This Criminal Revision is directed against the order passed in Cr.M.P.No. 2241 of 2022 dated 31.05.2022 dismissing the petition filed under Section 156(3) of Cr.P.C.

2. The petitioner has filed a petition under Section 156(3) Cr.P.C., seeking orders to forward the complaint to the respondent police for registering an FIR and for investigation.

3. The learned Magistrate has called for a report from the concerned police and the first respondent has submitted a report on 19.05.2022, wherein, it has been stated that the complaint was received against the petitioner in CSR No. 621 of 2021 as if the second respondent has consumed rat poison and that after enquiry, both the parties have informed that they would settle the dispute through Court process and on that basis, the same was closed. 2/4

4. The learned Magistrate after considering the report and the petition filed by the petitioner and by observing that there was no further scope for forwarding the complaint under Section 156(3) of Cr.P.C., dismissed the petition.

5. The learned Magistrate has not given any finding with regard to the merits raised in the petition and he has only dismissed the petition as there was no further scope for forwarding further under Section 156(3) Cr.P.C. Hence, the order passed by the learned Magistrate cannot be found fault with.

6. Considering the above, this Court decides that the above revision is devoid of merits and the same is liable to be dismissed.

7. Accordingly, this Criminal Revision Petition is dismissed. The petitioner is at liberty to file a private complaint and on filing of such complaint, the learned Judicial Magistrate, Aruppukottai, is directed to proceed in accordance with law. 07.07.2022 Index : Yes/No Internet : Yes/No csm 3/4

K.MURALI SHANKAR, J.

csm To:- 1.The Judicial Magistrate Court, Aruppukottai.

2.The Sub-Inspector of Police, All Women Police Station, Aruppukottai.

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

ORDER MADE IN Crl.R.C.(MD)No.618 of 2022 07.07.2022 4/4