Madras High CourtCRL RC(MD)/148/2017dismissed

D.Justin Jeyaraj v. S. Prince

2023-03-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 07.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN D.Justin Jeyaraj ... Petitioner Vs.

1.S.Prince 2.F.M.Selvaraj 3.Rasalraj 4.Maria Rajendran 5.Jose Robinson 6.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

... Respondents PRAYER : This Criminal Revision Case has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records in CR.M.P.No.3178 of 2016 by the Judicial Magistrate No.I, Nagercoil, dated 01.12.2016 and set aside the same and further direct the 6th respondent to register FIR on the basis of the complaint of the petitioner filed under Section 156(3) of Cr.P.C before the Judicial Magistrate No.I, Nagercoil. 1/4

For Petitioner : Mr.M.P.Senthil For R2,R4 & R5 : Mr.S.C.Herold Singh For R6 : Mr.T.Senthilkumar Additional Public Prosecutor O R D E R This Criminal Revision Case is filed to set aside the judgment passed in CR.M.P.No.3178 of 2016 by the Judicial Magistrate No.I, Nagercoil, dated 01.12.2016 and further, direct the 6th respondent to register FIR on the basis of the complaint of the petitioner filed under Section 156(3) of Cr.P.C before the Judicial Magistrate No.I, Nagercoil.

2. The petitioner is the complainant and he has filed the complaint for a direction to register the FIR and the same was dismissed by the trial Court on the ground that no offence is made out to direct the concerned jurisdiction police to register the FIR.

3. On perusal of the records, this Court finds no ground to interfere with the order passed by the Court below, since nothing is made out to register the FIR as against the accused persons. Accordingly, this Criminal Revision Case is dismissed. However, the petitioner is at 2/4

liberty to lodge a private complaint on fresh cause of action in the manner known to law, if he is so advised.

07.03.2023 NCC : Yes/No Internet: Yes/No Index : Yes/No cp To 1.The Judicial Magistrate No.I, Nagercoil.

2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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

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G.K.ILANTHIRAIYAN , J., cp 07.03.2023 4/4