Jahufar Sathik vs The Commissioner Of Police
2022 Latest Caselaw 10845 Mad

                                                                          Crl.R.C.No.535 of 2022

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                           DATED : 22.06.2022

                                                CORAM :

                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                         Crl.R.C.No.535 of 2022



           Jahufar Sathik                                               ... Appellant

                                                 Versus
           1. The Commissioner of Police,
              Avadi,
              Chennai - 600 054.

           2. The Deputy Commissioner of Police,
              Avadi,
              Chennai- 600 054.

           3. The Inspector of Police,
              T-2, Ambattur Industrial Estate Police Station,
              Chennai - 600 058                                           ... Respondent



           Prayer : Criminal Revision Petition filed u/s. 397 read with 401 of Cr.P.C to
            set aside the order dated 31.03.2022 passed by the learned judicial Magistrate,
            Ambattur in C.M.P.No.834 of 2022 and direct the Respondents to register the
            complaint dated 21.02.2022.
                                  For Appellant   : Mr. S.Suresh
                                  For Respondents : Mr.S.Vinoth Kumar,
                                                    Government Advocate (Crl.Side)

https://www.mhc.tn.gov.in/judis
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                                                                                 Crl.R.C.No.535 of 2022

                                             JUDGMENT

This Criminal Revision is filed aggrieved by the order of the learned

Judicial Magistrate, Ambattur dated 31.03.2022 in C.M.P.No.834 of 2022, in

and by which, the petitioners prayer to refer his complaint dated 21.02.2022 to

register a case and investigate thereon is refused by the learned Judicial

Magistrate.

2. On a perusal of the order challenged in this revision, it is clear that the

Investigating Officer has refused to register a First Information Report and

therefore by following the procedure under Section 154 of Code of Criminal

Procedure ie., to send the petitioner to the higher official, an application under

Section 156(3) is filed but however, the same is rejected on the ground that

already closure report is filed and then the petitioner is to file only a protest

petition.

3. There is no First Information Report was registered on the earlier

occasion and therefore there is no question of filing any closure report or the

petitioner filing protest petition in this regard. It is a simple case of the

Investigating Officer refusing to register the First Information Report and

therefore after following the procedure under Section 154 of Code of Criminal

Procedure, the petition is filed. https://www.mhc.tn.gov.in/judis

Crl.R.C.No.535 of 2022

4. In that view of the matter, since the complaint of the petitioner prima

facie discloses the commission of cognizable offences, the complaint of the

petitioner dated 21.02.2022 is referred to the respondent Police with a direction

to register a case and investigate the matter in accordance with law.

5. Accordingly, this Criminal Revision is ordered.

22.06.2022

Index : yes/no Speaking order/Non-speaking order sma

To

1. Judicial Magistrate, Ambattur.

2. The Commissioner of Police, Avadi, Chennai - 600 054.

3. The Deputy Commissioner of Police, Avadi, Chennai- 600 054.

4. The Inspector of Police, T-2, Ambattur Industrial Estate Police Station, Chennai - 600 058

5. The Public Prosecutor, Madras High Court.

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.535 of 2022

D.BHARATHA CHAKRAVARTHY, J.

sma

Crl.R.C.No.535 of 2022

22.06.2022

https://www.mhc.tn.gov.in/judis