Madras High CourtCRL RC(MD)/777/2022dismissed

N.G.Panneerselvam v. Muthukrishnan

2022-08-25Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.777 of 2022 N.G.Panneerselvam ... Petitioner/Petitioner Vs.

1.Muthukrishnan 2.The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.

... Respondents/Respondents 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 Cr.M.P.No.1695 of 2022, dated 17.06.2022 on the file of the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District and set aside the same. For Petitioner : Mr.K.Sivabalan For R2 : Mr.S.Manikandan Government Advocate (Crl. side) 1/4

O R D E R

This Criminal Revision is directed against the order passed in Cr.M.P.No. 1695 of 2022, dated 17.06.2022 on the file of the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District, dismissing the petition filed under Section 156(3) of Cr.P.C.

2.The learned Magistrate, on perusing the complaint and on hearing the arguments of the petitioner's side, by observing that there existed loan transaction between the petitioner and the first respondent and that the civil dispute has been converted into criminal dispute, came to the decision that it is not a fit case to forward the complaint for registration of FIR under Section 156(3) of Cr.P.C., dismissed the petition.

3.On considering the complaint and other materials, the impugned order dismissing the petition filed under Section 156(3) of Cr.P.C. cannot be found fault with.

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4.At this juncture, the learned counsel for the petitioner would submit that the petitioner may be granted liberty to file a private complaint. 5.Considering the above, this Criminal Revision Petition is dismissed. The petitioner is at liberty to file a private complaint under Section 200 of Cr.P.C. and on filing of such complaint, the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District, is directed to proceed in accordance with law. 25.08.2022 Index : Yes/No Internet : Yes/No sji To:- 1.The Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District.

2.The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

K.MURALI SHANKAR, J.

sji ORDER MADE IN Crl.R.C.(MD)No.777 of 2022 25.08.2022 4/4