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Madras High CourtCRL OP(MD)/11761/2023disposed of

Menaga v. The Commissioner Of Police

2024-11-19Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.11761 of 2023 Menaga ... Petitioner Vs.

1. The Commissioner of Police, Office of the Commissioner of Police, Madurai District.

2. The Inspector of Police, Office of the Inspector of Police, City Crime Branch, Madurai District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to set aside the order of the learned Judicial Magistrate No.1 Madurai, in Crl.MP.No.2045 of 2023, dated 23.05.2023 and consequently direct the Respondent no.2 to register the first information report by following the guidelines of Lalitha Kumar''s judgment.

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For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side)

O R D E R

This petition has been filed challenging the dismissal of the application filed by the petitioner under Section 156(3) of Cr.P.C. by the learned Judicial Magistrate No.1, Madurai, in Crl.M.P.No.2045 of 2023, dated 23.05.2023.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents. 3.In the considered view of this Court, as against the order of dismissal passed by the learned Magistrate in an application under Section 156(3) of Cr.P.C., only a revision will lie. Therefore, this petition cannot be entertained. Liberty is granted to the petitioner to challenge the order of dismissal by filing a revision petition. 2/4

4.This Criminal Original Petition is disposed of accordingly. 19.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN To

1. The Commissioner of Police, Office of the Commissioner of Police, Madurai District.

2. The Inspector of Police, Office of the Inspector of Police, City Crime Branch, Madurai District.

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

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N.ANAND VENKATESH,J.

PKN Dated: 19.11.2024 4/4