T.Ramasamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR T.Ramasamy ... Petitioner Vs.

1.State represented by The Sub Inspector of Police, Alagappapuram Police Station, Karaikudi, Sivagangai District.

2.S.Naganathan 3.K.Anbumeyyappan ... Respondents PRAYER : Criminal Revision Petition filed under Sections 438 r/w 442 BNSS, to call for the records and set aside the order passed in Crl.M.P.No.2546 of 2024 on the file of the learned Judicial Magistrate, Karaikudi, Sivagangai District dated 03.07.2024 and consequently to reopen the case of the petitioner.

For Petitioner : Mr.C.Suresh Kannan For R1 : Mrs.M.Aasha, Government Advocate (Crl. Side) For R2 & R3 : Mr.V.P.Kamal Dayalan 1/4

ORDER

The Criminal Revision is directed against the order passed in Crl.M.P.No.2546 of 2024 dated 03.07.2024 on the file of the Judicial Magistrate Court, Karaikudi.

2. It is evident from the records that the petitioner has filed a private complaint under Section 200 Cr.P.C. and the learned Magistrate following the judgment of the Hon'ble Supreme Court in Ramdev Food Products Pvt Ltd Vs. State of Gujarat has directed the petitioner/ complainant to adduce his side evidence and posted the case on 03.07.2024 and that when the case was taken up on 03.07.2024, the petitioner has appeared in person before the concerned Court and voluntarily filed a memo not pressing the case and recording the same, the learned Magistrate dismissed the petition as not pressed. Challenging the said order, the present revision came to be filed.

3. The only contention of the learned counsel appearing for the petitioner is that due to pressure and the threatening caused by the 2/4

respondents 2 and 3, he has filed such a memo not pressing the case. Even according to the petitioner, he has not preferred any police complaint nor informed the concerned Court subsequently.

4. Since the petitioner himself has voluntarily filed the memo and the same came to be recorded, this Court is not inclined to interfere with the impugned order.

5. In the result, this Criminal Revision Case is dismissed. No costs. 13.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Judicial Magistrate, Karaikudi.

2.The Sub Inspector of Police, Alagappapuram Police Station, Karaikudi, Sivagangai District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 13.02.2025 4/4