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Madras High CourtCRL RC(MD)/1338/2023disposed of

Madurai Veeran v. The Inspector Of Police

2025-07-08Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2025

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Madurai Veeran ... Petitioner Vs.

State rep.by The Inspector of Police, Appan Thirupathi Police Station, Madurai District.

Crime No.810 of 2014 ... Respondents Prayer : Criminal Revision Case is filed under Section 397 r/w 401 of BNSS, 2023 to call for the records connected with the order dt.7/7/2023 in Crl.MPNo.1828/2023 on the file of the Learned Judicial Magistrate No.IV, Madurai and set aside the same and consequently to direct the respondent to conduct further investigation.

For Petitioner : Mr.R.Alagumani For Respondent : Mr.S.Ravi Additional Public Prosecutor 1/5

ORDER

This criminal revision case is filed as against the dismissal of the petition filed for further investigation by the learned Judicial Magistrate No.IV, Madurai in Crl.M.PNo.1828/2023, dated 07.07.2023.

2. However, in the counter affidavit filed by the respondent police in this case, it is stated that RCS No.444 of 2025, dated 20.02.2025 was filed before the learned Trial Court. In view of the same, this Court directed the Registry to get report from Judicial Magistrate No.V in this regard. The learned Judicial Magistrate No.V, Madurai has submitted a report before this Court through the Registrar in D.No.579/2025, dated 14.05.2025. It has been stated in the said report that on receipt of negative report as mistake of fact, the learned trial Court suo motu has sent a notice to the defacto complainant, namely A.Madurai Veeran s/o Arumugam vide D.No.2525/2025 on 11.03.2025 and the same was returned as no such addressee on 14.03.2025. Though the said RCS No. 444 of 2025 was posted on 05.05.2025, the same was not listed inadvertently by the Court. Subsequently, the bundle was placed before the learned Trial Court on 14.05.2025, on which date the Trial Court had issued direction to the respondent police to find the correct address of the 2/5

defacto complainant and place before the learned Trial Court for serving notice to the defacto complainant.

3. The learned Additional Public Prosecutor submitted that the said RCS No.444 of 2025 is further posted on 17.06.2025.

4. In view of the same, this Court is of the considered view that the revision petitioner has ample scope to place his objections before the learned trial Court by appearing on the said date. Hence, this Court directed the petitioner to appear before the learned Trial court on 17.06.2025 by an order, dated 03.06.2025. In line with the said order, the petitioner had appeared before the Trial Court on 17.06.2025 and 04.07.2025. However, since the copies were not served on the petitioner, the case was further adjourned to 04.08.2025.

5. Recording the same, giving liberty to the petitioner to submit his objections on receipt of copy to be served by the learned Trial Court, this Criminal Revision case is disposed of. The learned Trial Court is directed to consider the objections which are to be raised by the petitioner and thereafter, pass appropriate orders.

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6. Accordingly, this Criminal Revision Case is disposed of. 08.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Judicial Magistrate No.IV, Madurai.

2.The Inspector of Police, Appan Thirupathi Police Station, Madurai District.

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

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L.VICTORIA GOWRI ,J.

gbg Order made in Crl.R.C.(MD)No.1338 of 2023 Dated: 08.07.2025 5/5