Madras High CourtCRL RC(MD)/1254/2022disposed of

Duraimurugan v. The Sub Inspector Of Police

2023-01-03Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.R.C(MD)No.1254 of 2022 Duraimurugan ... Revision Petitioner Vs.

1.The Sub Inspector of Police, Pudukkottai Police Station, Pudukkottai, Thoothukudi District.

2.Prem ... Respondents Prayer : This Criminal Revision Case has been filed under Section 397(1) r/w 401 of Criminal Procedure Code, to call for the records and to set aside the order dated 19.09.2022 passed in Cr.M.P.No.9987 of 2022 on the file of learned Judicial Magistrate No.III, Thoothukudi, Thoothukudi District. For Petitioner : Mr.R.Ilayaraja For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.side) 1/4

ORDER

This Criminal Revision Case is filed to call for the records and to set aside the order dated 19.09.2022 passed in Cr.M.P.No.9987 of 2022 on the file of learned Judicial Magistrate No.III, Thoothukudi, Thoothukudi District.

2. The grievances of the petitioner is that complaint given by the petitioner against the second respondent was not properly enquired by the first respondent. Therefore, he filed a petition under Section 156(3) in Cr.M.P.No.9987 of 2022 on the file of the learned Judicial Magistrate No.III, Thoothukudi, Thoothukudi District. The Judicial Magistrate without considering the facts, dismissed the petition. Challenging the same, the present petition has been filed.

3. Mr.Sakthi Kumar, learned Government Advocate(Crl.side) appearing for the first respondent submitted that only online complaint has been given by the petitioner against the second respondent and on the very same day, FIR has been registered against the second respondent in Crime No.166 of 2022. 2/4

4. Considering the facts and the circumstances of this case, this Court directs the first respondent herein to enquire the complaint given by the petitioner and dispose of the same on merits and in accordance with law. If the petitioner is aggrieved by the outcome of the enquiry, he can workout the remedy through appropriate proceedings.

With the above directions, this Criminal Revision Case is disposed of. 03.01.2023 Index : Yes/No Internet : Yes/No tta To:- 1.The Sub Inspector of Police, Pudukkottai Police Station, Pudukkottai, Thoothukudi District.

2. Judicial Magistrate No.III, Thoothukudi, Thoothukudi District 3/4

G.ILANGOVAN,J tta ORDER MADE IN Crl.R.C.(MD)No.1254 of 2022 03.01.2023 4/4