Madras High CourtCRL RC(MD)/943/2021dismissed

B.Latha Maheswari v. Mohanasundar

2022-03-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD)No.943 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.943 of 2021 B.Latha Maheswari ... Petitioner/ Complainant Vs.

1. Mohanasundar

2. Selvi

3. Valliselvi

4. Selva Ganapathi

5. The Inspector of Police, Vadamadurai Police Station, Dindigul District.

... Respondents/ Accused Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the impugned order passed by the learned Additional District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District in Crl.M.P.No.3185 of 2021 dated 15.11.2021 and set aside the same by allowing this Criminal Revision Petition and consequently, directing the fifth respondent herein to enquire the complaint of the petitioner on the complaint, dated 16.10.2021. For Petitioner : No appearance For Respondents : Mrs.M.Aasha Government Advocate (Criminal Side) for R.5 Mr.M.Vignesh Kumar for R.1 to R.4

O R D E R

This petition has been filed to set aside the impugned order passed by the learned Additional District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District in Crl.M.P.No.3185 of 2021, dated 15.11.2021 and direct the fifth respondent herein to enquire the complaint of the petitioner on the complaint, dated 16.10.2021.

2. A perusal of the petition filed by the petitioner seeking direction under Section 156(3) Cr.P.C revealed that the petitioner is running a textile shop, namely, Sri.SakthiMuruga Tex along with https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.943 of 2021 his son. While being so, on 14.10.2021, the accused trespassed into their shop and thrown away the sarees from the shop in front of the witnesses. When it was questioned by the petitioner, the accused persons had beaten her and also tried to molest her. However, the opposite party filed Crl.M.P.No.3186 of 2021 for the very same direction under Section 156(3) Cr.P.C as against the petitioner's son, alleging that one Selvi, had entrusted the shop to the petitioner's shop and the same was allegedly grabbed by the petitioner and her son. Therefore, there is a civil dispute pending between the petitioner and the counter parties.

3. In view of the above, the Court below rightly dismissed the petition and this Court find no infirmity or illegality order passed by the Court below. This Criminal Revision Case is dismissed. However, the petitioner is given liberty to file a private complaint.

Sd/- Assistant Registrar /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) mga To:-

1. The Additional District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District.

2. The Inspector of Police, Vadamadurai Police Station, Dindigul District.

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

Crl.R.C.(MD)No.943 of 2021 17.03.2022 MK/19.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2