← Library
Madras High CourtCRL RC(MD)/187/2025dismissed

R.Rajamani v. Ramaiah

2025-02-14Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR R.Rajamani ... Petitioner Vs.

1.Ramaiah 2.Shanthi 3.R.Haripraveen 4.R.Arunvasanth 5.The Sub Inspector of Police, Jeyamangalam Police Station, Theni District.

... Respondents PRAYER : Criminal Revision Petition filed under Sections 397 and 401 Cr.P.C., to call for the records and set aside the order passed in Cr.M.P.No.891 of 2023 dated 27.03.2023 on the file of the learned Judicial Magistrate Court, Periyakulam, Theni District. For Petitioner : Mr.P.Ramadass For R5 : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) 1/4

ORDER

The Criminal Revision is directed against the order passed in Crl.M.P.No.891 of 2023 dated 27.03.2023 on the file of the Judicial Magistrate, Periyakulam, dismissing the petition filed under Section 156(3) Cr.P.C.

2. The main reason assigned for the dismissal is that the petitioner has not complied with the mandatory requirements contemplated under Section 154(1) and 154(3) Cr.P.C. The learned Magistrate has further observed that the petitioner has not produced any iota of materials to show that he has lodged a complaint before the jurisdictional police and also sent a complaint to the Superintendent of Police concerned District. Even in the petition filed under Section 156(3) Cr.P.C., he has only produced the copy of the complaint given to the Superintendent of Police directly and he has not produced any proof for giving complaint to the Superintendent of Police.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner has produced the copy of the 2/4

complaint sent to the Superintendent of Police along with postal receipt which is dated 11.03.2023, whereas, the complaint shown in the petition filed under Section 156(3) Cr.P.C. is dated 25.04.2022.

4. Considering the above, the learned Magistrate has rightly come to a conclusion that the petitioner has not complied with the mandatory requirements and as such, dismissal of the complaint cannot be found fault with. Consequently, this Court concludes that the revision is devoid of merits and the same is liable to be dismissed.

5. In the result, this Criminal Revision Case is dismissed. The petitioner is at liberty to approach the concerned Police, if so advised. No costs.

14.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Judicial Magistrate, Periyakulam.

2.The Sub Inspector of Police, Jeyamangalam Police Station, Theni District.

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

Order made in Dated: 14.02.2025 4/4