Anandaramakrishnan v. Santhanam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Anandaramakrishnan ... Petitioner Vs.

1.Santhanam 2.Thothakiri 3.Venkata Varadhachari 4.Sridhar 5.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

... Respondent PRAYER : Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C., to call for the records relating to the impugned order, dated 06.06.2023 passed in Crl.M.P.No.3340 of 2021 on the file of the learned Judicial Magistrate No.I, Srivaikundam and set aside the same. For Petitioner : Mr.D.Saravanan For Respondents : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) for R5.

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ORDER

The Criminal Revision is directed against the order passed in Cr.M.P.No.3340 of 2021, dated 06.06.2023 on the file of the Court of the Judicial Magistrate No.I, Srivaikundam, dismissing the petition filed under Section 156(3) of Cr.P.C.

2.The learned Judicial Magistrate taking the petition filed under Section 156(3) of Cr.P.C., on file in Crl.M.P.No.3340 of 2021 and receiving a report from the jurisdictional police and upon perusing the petitioner's affidavit and on hearing the petitioner side, by holding that the money dispute existed between the parties has been exaggerated, dismissed the petition, vide order, dated 06.06.2023.

3. The learned counsel for the petitioner would submit that the learned Magistrate has relied on the statements recorded from the some of the witnesses in Crime No.192 of 2019 on the file of the Sivanthipatti Police Station.

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4. The learned counsel appearing for the private respondents would submit that the learned Magistrate has rightly called for a report from the concerned Police and the fifth respondent, after conducting enquiry, has submitted the report and the learned Magistrate considering the said report, has passed the impugned order. 5.At this juncture, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to file a private complaint and he has also made an endorsement to that effect. 6.Recording the same, this Criminal Revision is dismissed as withdrawn. The petitioner is at liberty to file a petition under Section 200 of Cr.P.C., before the jurisdictional Court, if so advised. 21.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The Judicial Magistrate No.I, Srivaikundam. 2.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

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

Order made in Dated: 19.03.2025 4/4