M.Thirupathi vs Smt.S.Lakshmi Shanmugam
2023 Latest Caselaw 9442 Mad

                                                         1 of 4

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 01.08.2023

                                                         CORAM

                                  THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl.O.P No.28642 of 2022


                M.Thirupathi
                S/o.Munusamy                                                ..   Petitioner/Complainant

                                                          .Vs.

                1.Smt.S.Lakshmi Shanmugam
                 Secretary
                  The Happy Future Multipurpose
                   Co-operative Society Ltd.,
                  No.2/124-J, Vasavi Nagar
                  Opp to Tamil Nadu Motel
                  Krishnagiri.


                2.Mr.S.Manogaran, Director
                  The Happy Future Multipurpose
                   Co-operative Society Ltd.,
                  No.196/33, Aishwarya Shopping Complex
                  3rd Floor, D.V.Sami Road (west) R.S.Puram
                  Coimbatore.                                                     ..Respondent/Accused




                PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal
                Procedure, to set aside the dismissal order passed in STC No.686 of 2018, on the
                file of the Judicial Magistrate No.I, Krishnagiri dated 23.9.2022.


                                        For Petitioner    : Mr. Mr.M.Nandhakumar
                                                            for Mr/Eswar Kumar and Rao

https://www.mhc.tn.gov.in/judis
                                                             2 of 4

                                                           ORDER

This criminal original petition has been filed challenging the orderer passed

by the Court below dated 23.9.2023, dismissing the Complaint in STC.No.686 of 2018

u/s 204(4) Cr.PC.

2.In the considered view of this Court as against the dismissal of a Complaint

u/s 204(4) Cr.PC, only a revision will lie and a criminal original petition cannot be

filed u/s 482 of Cr.PC. Useful reference can be made to the judgment of this Court

in T.N.Angamuthu .v. Aanoor Balasivasubramaniyam reported in 2016 1

MWN Crl DCC 147.

3.In the light of the above discussion, this criminal original petition is closed

and liberty is given to the petitioner to workout his remedy by filing a criminal

revision before the concerned Court. The Registry is directed to return back the

certified copy of the order passed by the Court below to the learned counsel for the

petitioner to enable the petitioner to workout his remedy.

4.Accordingly, this criminal original petition is closed.

                                                                                             01.08.2023

                Index        : Yes/No
                Internet     : Yes/No

Speaking Order/Non-Speaking Order KP

https://www.mhc.tn.gov.in/judis 3 of 4

To Judicial Magistrate No.I Krishnagiri.

https://www.mhc.tn.gov.in/judis N. ANAND VENKATESH,. J.

4 of 4

KP

Crl.O.P No.28642 of 2022

01.08.2023

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