Eswaran vs Senthilkumar
2022 Latest Caselaw 11343 Mad

                                                                                    Crl.R.C.No.1014 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 28.06.2022

                                                            CORAM :

                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                 Crl.R.C.No.1014 of 2021

                    Eswaran                                                  ..   Petitioner

                                                              Vs

                    1.Senthilkumar

                    2. The State rep. by
                       The Inspector of Police
                       Palladam Police Station
                       Palladam, Tiruppur District.

                    [R2 impleaded as per order dated 14.06.2022
                    in Crl.M.P.No.6473 of 2022
                    in Crl.R.C.No.1014 of 2021]                              ..   Respondents

                    Prayer: Criminal Revision Case filed under Section 397 read with 401

                    Cr.P.C, to call for records pertaining to the order dated 10.11.2021 made in

                    CMP.No.3365 of 2021 passed by learned Judicial Magistrate, Palladam and

                    set aside the same.


                                    For Petitioner      :      Mr.P.Kalimuthu

                                    For Respondent 1 :         Mr.N.Ponraj


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

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                                                                                   Crl.R.C.No.1014 of 2021

                                                       ORDER

This revision is filed aggrieved by the order of the learned Judicial

Magistrate, Palladam, dated 10.11.2021 in Crl.M.P.No.3365 of 2021, in and

by which the application filed by the petitioner, to refer his complaint dated

12.04.2021 for investigation by the respondent police as per the provisions

of Section 156(3), has been rejected by the Trial court.

2. In the said application, the respondent police is not made as a party

and it is also seen that the affidavit, as required as per the judgment of the

Hon'ble Supreme Court in Priyanka Srivatsava and another vs State of

UP1, was also not filed. However, the Trial Court rejected the application on

the ground that the petitioner did not produce photograph, which may not be

per se correct.

3. But, however, no exception can be taken by the Trial Court in

rejecting the application for want of the affidavit and in that view of the

matter, the order dated 10.11.2021 in Crl.M.P.No.3365 of 2021 is set aside.

The Crl.M.P.No.3365 of 2021 is remanded back to the file of the learned

Judicial magistrate, Palladam. The petitioner will be at liberty to implead the

1 [2015 https://www.mhc.tn.gov.in/judis 6 SCC 287]

Crl.R.C.No.1014 of 2021

respondent police as the respondent in the said application and also file the

necessary affidavit in support of the application and thereafter, the same

shall be considered on merits by the learned Judicial Magistrate in

accordance with law.

28.06.2022 Index : yes/no Speaking/Non-speaking order

drm

To

1.The Judicial Magistrate, Palladam, Tiruppur District.

2. The Inspector of Police Palladam Police Station Palladam, Tiruppur District.

3.The Public Prosecutor, High Court of Madras.

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

Crl.R.C.No.1014 of 2021

D.BHARATHA CHAKRAVARTHY, J.

drm

Crl.R.C.No.1014 of 2021

28.06.2022

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