Abdul Rehman v. M.Balasubramanian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 07.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Abdul Rehman ... Petitioner/Complainant vs.

1.M.Balasubramanian 2.P.K.Krishnan 3.V.S.Raman ... Respondents/Proposed Accused PRAYER : This Criminal Original Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records and set aside the order dated 17.04.2017 passed in Cr.M.P.No.2457 of 2017 on the file of the learned Judicial Magistrate No.II, Thoothukudi, Thoothukudi District. For Petitioner : Mr.VR.Shanmuganathan For R1 : Mr.K.Vamanan For R2 : No Appearance For R3 : Mr.S.Bharathi O R D E R This Criminal Revision Petition is directed against the order passed by the learned Judicial Magistrate No.II, Thoothukudi, Thoothukudi District, in Cr.M.P.No.2457 of 2017, dated 17.04.2017. 1/4

2.The learned Magistrate, on considering the materials produced and the complaint, has come to a decision that the petitioner failed to make out a prima facie case to register an FIR, dismissed the petition. 3.On considering the complaint and other materials available, the impugned order, dismissing the petition under Section 156(3) of Cr.P.C., cannot be found fault with.

4.Considering the above, this Criminal Revision Petition is dismissed. However, the petitioner is at liberty to file a private complaint in the manner known to law in respect of fresh cause of action, if so advised.

07.03.2023 sji NCC : Yes/No Index: Yes/No Internet: Yes/No To 1.The Judicial Magistrate No.II, Thoothukudi, Thoothukudi District. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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

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G.K.ILANTHIRAIYAN , J.

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