Mubarak vs R.Chandrasekar
2022 Latest Caselaw 16991 Mad

                                                                           Crl.R.C.(MD).No.1027 of 2022


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 28.10.2022

                                                      CORAM

                                  THE HONOURABLE MR. JUSTICE G.ILANGOVAN

                                           Crl.R.C.(MD).No.1027 of 2022

                     Mubarak                                     .. Petitioner/Petitioner

                                                         Vs.

                     1.R.Chandrasekar
                     2.R.Jeyakumar
                     3.R.Sugumar
                     4.S.Jeyanthi
                     5.K.Mageshwari
                     6.S.Krishnamoorthy                    .. Respondents/Proposed Accused

                     7.The Inspector of Police,
                       Ganthimarket Police Station,
                       Tiruchirappalli.                    .. 7th Respondent/Respondent

                     PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of

                     the Criminal Procedure Code, to call for the records pertaining to the

                     Judgment passed by the learned Judicial Magistrate No.V, Tiruchirappalli, in

                     Crl.M.P.No.22668/2022 by an order, dated 13.09.2022 and set aside the

                     same.




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https://www.mhc.tn.gov.in/judis
                                                                              Crl.R.C.(MD).No.1027 of 2022


                                       For Petitioner    : Mr.A.S.Krishnan

                                       For Respondents : Mr.S.Subash Chandrabose for R1 to R6

                                                           Mr.S.S.Madhavan for R7
                                                           Government Advocate (Crl. Side)

                                                           ORDER

This Criminal Original Petition has been filed to set aside the

Judgment passed by the learned Judicial Magistrate No.V, Tiruchirappalli, in

Crl.M.P.No.22668/2022, dated 13.09.2022.

2.When the matter is taken up for hearing, the learned Government

Advocate (Crl. Side) submitted that summon was issued to the petitioner on

the basis of the complaint given by him. But he was not available in the

house. So information was given to the wife of the petitioner and in turn

she asked to give it later. Again on 14.09.2022, summon was about to be

served on him. Again the same answer was given by the wife of the

petitioner. Later, he promised to appear before the Enquiry Officer. But in

spite of the telephone communication, he failed to appear before the

Enquiry Officer. So further action was not taken on the above said

complaint.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1027 of 2022

3.The learned counsel for the petitioner submitted that because of the

pendency of the complaint before the concerned trial Court, the petitioner

did not appear before the Enquiry Officer. Such sort of argument cannot be

accepted by this Court. When a complaint has been given by the petitioner

and summon was issued by the Enquiry Officer, it is the duty of the

petitioner to appear before the respondent police and co-operate with him to

complete the enquiry process.

4.Therefore, the petitioner shall appear before the Enquiry Officer and

co-operate with him to complete the enquiry process. Depending upon the

outcome of the enquiry, if the petitioner is aggrieved, he can workout his

remedy in accordance with law.

5.With the above directions, this Criminal Revision Case stands

disposed of.

28.10.2022

Index : Yes / No Internet : Yes / No TM

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1027 of 2022

To

1.The Judicial Magistrate No.V, Tiruchirappalli.

2.The Inspector of Police, Ganthimarket Police Station, Tiruchirappalli.

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

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.1027 of 2022

G.ILANGOVAN,J.

TM

Crl.R.C.(MD).No.1027 of 2022

28.10.2022

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