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Madras High CourtCRL RC(MD)/670/2024disposed of

John Jeyapikash v. The Inspector Of Police

2024-07-09Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.07.2024

CORAM

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN 1.John Jeyapikash 2.Koyil Backiyaraj 3.Shantha 4.Princy Backiyam 5.Thomas Rajan .. Petitioners Vs.

1.The Inspector of Police, All Women Police Station, Cantonment, Trichy District.

2.Navomi Daisy Fiyona ... Respondents PRAYER: This Criminal Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the records pertaining to the impugned order passed by the learned III Additional District Munsif (FAC) Cum Additional Mahila Court, Tiruchirappalli in Crl.M.P.No.41016 of 2024 dated 21.05.2024 and set aside the same.

For Petitioners : Mr.V.Malaiyendran For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) 1/5

ORDER

This petition has been filed to call for the records pertaining to the impugned order passed by the learned III Additional District Munsif (FAC) Cum Additional Mahila Court, Tiruchirappalli in Crl.M.P.No.41016 of 2024 dated 21.05.2024 and set aside the same.

2. The case petitioners is that by making some allegation, the second respondent lodged a compliant against the petitioners before the concerned jurisdictional Police Station and the same was not considered. Therefore, the second respondent sent a representation to the Commissioner of Police through the registered post on 06.12.2023, even then, no further action was taken. Hence, the second respondent filed a petition under Section 156(3) of Cr.P.C and the same was allowed by passing the impugned order and the relevant paragraph is extracted as follows :

'' 4. Hence in the interest of justice, it is just and necessary to forward this complaint to SHO, All Women Police Station, Cantonment, Tiruchirappalli to conduct preliminary enquiry on the complaint made by the petitioner under Section 156(3) of Cr.P.C and upon investing, if a cognizable case is made out, then the SHO, All Women Police Station, 2/5

Cantonment, Tiruchirappalli is directed to file an FIR under Section 154 of Cr.P.C and shall proceed the case in accordance with law. ''

3. Heard the learned Government Advocate (Crl.Side) appearing for the first respondent and also perused the materials available on record.

4. Perusal of impugned order shows that the learned trial Judge only directs the first respondent to conduct the investigation by following the proper procedure and if any cognizable is made out to register the case.

6. In view of the above, this Court does not find any merits in this case. Accordingly, this Criminal Revision Case is dismissed with a direction to the first respondent to conduct the investigation by issuing summon under Section 41(a) of Cr.P.C., to the petitioner and conduct enquiry and arrive a decision.

09.07.2024 Index : Yes / No Internet : Yes / No tta 3/5

To,

1. The learned III Additional District Munsif (FAC) Cum Additional Mahila Court, Tiruchirappalli.

2.The Inspector of Police, All Women Police Station, Cantonment, Trichy District.

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

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K.K.RAMAKRISHNAN, J tta Crl.R.C.(MD).No.670 of 2024 09.07.2024 5/5