Madras High CourtCRL RC(MD)/579/2023dismissed

Raghupathi Rajan v. Preeti Singh

2023-06-14Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 14.06.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD).No.579 of 2023 Raghupathi Rajan : Petitioner Vs.

1.Preeti Singh 2.The State through the Inspector of Police, District Crime Branch, Sivagangai District.

: Respondent PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C, to call for the records and set aside the impugned order, dated 22.05.2023 on the file of the learned Judicial Magistrate No.II, Sivagangai in Cr.M.P.No.5899 of 2023.

For Petitioner : Mr.V.Kannan For R2 : Mr.SS.Madhavan, Government Advocate (Criminal Side) 1/4

ORDER

The Criminal Revision case is directed against the order passed in Cr.M.P.No.5899 of 2023, dated 22.05.2023 on the file of the learned Judicial Magistrate No.II, Sivagangai, dismissing the petition filed under Section 156(3) Cr.P.C.

2. The learned Magistrate by observing that that the petitioner has not complied with the requirements contemplated under Sections 154(1) and 154(3) Cr.P.C and that there is no cognizable offence being made out, dismissed the petition.

3. A cursory perusal of the complaint would reveal that the petitioner has received the amounts from various persons for sending them to foreign countries and the same was forwarded to the first respondent.

4. Considering the above complaint and other materials available on record, the impugned order passed in Cr.M.P.No.5899 of 2023, dated 22.05.2023 on the file of the learned Judicial Magistrate No.II, Sivagangai, cannot be found fault with. Hence, the Criminal Revision case is devoid of merits and the same is liable to be dismissed. 2/4

5. Accordingly, the Criminal Revision is dismissed. However, the petitioner is at liberty to comply with the requirements under Sections 154(1) and 154(3) Cr.P.C and file a petition under Section 156(3) Cr.P.C and on such application is filed, the learned Magistrate is directed to consider the same and pass orders in accordance with law.

14.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No das To

1. The Judicial Magistrate No.II, Sivagangai. 2.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J.

das Crl.R.C.(MD).No.579 of 2023 14.06.2023 4/4