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Madras High CourtCRL RC(MD)/668/2017dismissed

Rajeshwari, v. Alagarsamy,

2023-04-18Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Rajeshwari ... Petitioner Vs.

1.Alagarsamy 2.Amarnath 3.Baskaran 4.SR.S.Subbaraj 5.S.Ashok Sankar 6.S.Jeganathan 7.J.Vinoth Jeni 8.S.Sundarajan 9.V.Perumalsamy 10.R.Gopalsamy 11.K.Sivakumar 12.K.Saravanan 13.V.Seetharaman ... Respondents 1/4

PRAYER : Criminal Revision Case filed under Section 397 r/w 401 of Code of Criminal Procedure, to call for the records and set aside the order dated 25.03.2015 passed in Cr.M.P.No.7793 of 2013 on the file of the learned Judicial Magistrate, Sivakasi and allow the Criminal Revision Petition.

For Petitioner : Mr.K.Gokul For R1 to R4, R6 to R13 : Mr.M.Murali For R5 : Mr.N.Shanmugaselvam

ORDER

This Criminal Revision Case has been filed to set aside the order dated 25.03.2015 passed in Cr.M.P.No.7793 of 2013 on the file of the learned Judicial Magistrate, Sivakasi.

2.It is seen that private complaint was preferred for the occurrence took place on 09.05.2012 at about 09.30 pm. The respondents also lodged complaint, in which FIR was registered and charge sheet filed. Now the petitioner herein is facing trial for the offence punishable under 2/4

Section 306 IPC. For the very same occurrence, the petitioner preferred a complaint and the same was registered in Cr.No.341 of 2012 for the offence punishable under Sections 294(b), 323 IPC and Section 4 of Tamil Nadu Women Harassment Act. However, after enquiry, the same was closed as mistake of fact. Aggrieved over the same, the petitioner preferred a private complaint and the same was also dismissed. Hence, the present revision.

3.On perusal of records revealed that no offence is made out as alleged by the petitioner and as such, the Court below rightly dismissed the private complaint and this Court finds no infirmity or illegality in the order passed by the Court below. Accordingly, this criminal revision case is dismissed.

18.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns To The Judicial Magistrate, Sivakasi 3/4

G.K.ILANTHIRAIYAN ,J.

gns 18.04.2023 4/4