Madras High CourtCRL RC(MD)/1081/2022disposed of

V.Santhosh v. The Inspector Of Police

2022-11-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2022

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN V.Santhosh ... Petitioner/Complainant Vs.

1.The Inspector of Police Pattiveeranpatti Police Station, Dindigul District.

2.S.Vallimayil ... Respondent/Respondent PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the records pertaining to the order in in Crl.M.P.No.5590/2022, dated 29.09.2022, on the file of the Learned Judicial Magistrate, Nilakottai, Dindigul district and set aside the same. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.S.S.Madhavan for R1 Government Advocate (Crl. Side)

ORDER

This Criminal Revision Case has been filed against the order of dismissal that was passed by the trial Court, which has been filed under Section 156(3) Cr.P.C.

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2.That petition was dismissed by the trial Court on the ground that there was civil dispute between the parties. But the documents that have been submitted by the revision petitioner with regard to the civil issue, it is seen that the respondent is not a party before the trial Court or before the appellate Court or even before the second appeal proceedings. The enquiry file has also been produced and it is stated that because of the pendency of the appeal before this Court, the above said file has been closed. The second appeal has been filed by the petitioner against the second respondent.

3.The first respondent police herein shall restore the above said complaint to file and enquire both the parties and proceed in accordance with law. Depending upon the out come of the enquiry, the petitioner can workout his remedy in the manner known to law. 4.With the above directions, this criminal revision case is disposed of. 21.11.2022 Index : Yes / No Internet : Yes / No TM 2/4

To 1.The Judicial Magistrate, Nilakottai, Dindigul District. 2.The Inspector of Police Pattiveeranpatti Police Station, Dindigul District.

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

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G.ILANGOVAN,J.

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