Veerappan v. Gurusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.13417 of 2022 Veerappan ... Petitioner/Petitioner Vs.

1.Gurusamy 2.T.Petchimuthu 3.The Sub-Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

... Respondents/Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to call for the records and set aside the order passed by the Judicial Magistrate Court, Rajapalayam in Crl.M.P.No.1443 of 2022 on 03.06.2022 and allow this Criminal Original Petition.

For Petitioners : No Appearance For R1 : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed to set aside the order passed by the Judicial Magistrate Court, Rajapalayam in Crl.M.P.No.1443 of 2022 on 03.06.2022. 1/4

2. The case of the prosecution is that the petitioner filed a petition before the Judicial Magistrate Court, Rajapalayam in Crl.M.P.No.1443 of 2022 under Section 156(3) of Cr.P.C., and the same was dismissed on 03.06.2022. Challenging the same, this petition has been filed. 3.Already, the final order was passed by the trial Court on 03.06.2022. Hence, the petitioner has a remedy to file a revision petition before the competent Court instead of filing this petition under Section 482 of Cr.P.C., Without filing such revision petition before the competent Court, the petitioner filed this petition under Section 482 of Cr.P.C., before this Court, is not maintainable.

4.Accordingly, this Criminal Original Petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law. 27.02.2024 Index : Yes/No Internet : Yes/No NCC : Yes/No dss 2/4

To 1.The Sub-Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

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

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M.DHANDAPANI, J.

dss Crl.O.P.(MD)No.13417 of 2022 27.02.2024 4/4