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Madras High CourtCRL RC(MD)/766/2022dismissed

M.V.Jeyraj v. Panchamirtham

2022-08-12Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.766 of 2022 M.V.Jeyraj ... Petitioner/Appellant Vs.

1.Panchamirtham 2.Angammal 3.The Inspector of Police, Law & Order, S.S.Colony Police Station, Ellis Nagar, Madurai - 625016.

... Respondents/Defendants Prayer : This Criminal Revision has been filed under Section 397 and 401 of Criminal Procedure Code, to call for the records pertaining to the order passed in Crl.M.P.No.1751 of 2022 dated 12.07.2022 on the file of the learned Judicial Magistrate No.V, Madurai and set aside the order and order to register the complaint under Section 156(3) of Cr.P.C.

For Petitioner : Mr.N.Chandran, For Respondents : Mr.S.Manikandan, Government Advocate (Crl. side) for R3 1/4

O R D E R

This Criminal Revision Petition is directed against the order passed in Crl.M.P.No.1751 of 2022 dated 12.07.2022 dismissing the petition filed under Section 156(3) Cr.P.C.

2. The learned Magistrate on perusing the records has come to a decision that the case is of civil in nature and no cognizable offence was made out in the petition.

3. On perusing the complaint and other materials available, the impugned order dismissing the complaint cannot be found fault with. Moreover, since the impugned order is not a revisionable one, the present criminal revision is not maintainable.

4. Accordingly, this Criminal Revision Petition is dismissed. The petitioner is at liberty to file a private complaint under Section 200 Cr.P.C., and on such 2/4

filing, the learned Judicial Magistrate No.V, Madurai, is directed to proceed in accordance with law.

12.08.2022 Index : Yes/No Internet : Yes/No csm To:- 1.The Judicial Magistrate No.V, Madurai.

2.The Inspector of Police, Law & Order, S.S.Colony Police Station, Ellis Nagar, Madurai - 625016.

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

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K.MURALI SHANKAR, J.

csm ORDER MADE IN Crl.R.C.(MD)No.766 of 2022 12.08.2022 4/4