Kumarasamy vs The Sub Inspector Of Police
2023 Latest Caselaw 1763 Mad

                                                                                   Crl.R.C.No.404 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 02.03.2023

                                                          CORAM

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                                 Crl.R.C.No.404 of 2023

                     Kumarasamy                                                 ... Petitioner
                                                           Vs.

                     1.The Sub Inspector of Police,
                     Kadathur Police Station,
                     Kadathur.

                     2.The Superintendent of Police,
                     Office of the Superintendent of Police,
                     Erode.                                                      ... Respondents

                     PRAYER : Criminal Revision Case has been filed under sections 397 read
                     with 401 of Criminal Procedure Code to set aside the judgment dated
                     20.12.2021 passed in Crl.M.P.No.1995 of 2021 by the learned Judicial
                     Magistrate Court No.II, Gobichettypalayam, Erode District.


                                     For Petitioner            : Mr.M.Karthik

                                     For Respondent            : Mr.V.Meganathan
                                                                 Government Advocate (Crl.Side)


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                                                                                         Crl.R.C.No.404 of 2023



                                                           ORDER

The Criminal Revision Case has been filed challenging the impugned

order dated 20.12.2021 passed in Crl.M.P.No.1995 of 2021 by the learned

Judicial Magistrate Court No.II, Gobichettypalayam, Erode District.

2. The learned counsel for the petitioner submitted that there is a civil

dispute between the complainant and the accused person. On 01.02.2021,

while the complainant was in his house, the accused person entered into his

house and threatened and also assaulted him. For which, a complaint was

given but since now no action has been taken on the complaint given to the

Superintendent of Police. Hence they have filed a petition under Section 156

(3) Cr.P.C., before the learned Judicial Magistrate. The learned Magistrate

after recording the sworn statement of the complainant dismissed the

complaint and the case was not forwarded for further investigation. The

learned Magistrate has not properly appreciated the evidence on the

complaint and the allegations contained therein. Hence seeks to set aside the

impugned order.

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3. The learned Government Advocate (Crl.Side) for the respondent

submitted that the Trial Court rightly dismissed the petition on the ground

that the complainant has not disclosed the true facts and therefore, there is

no error in the finding of the Trial Court.

4. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.Side) for the respondent and I have perused the

materials on record.

5. On a perusal of the complaint and the impugned order, it is seen

that the alleged occurrence took place on 01.02.2021 for that occurrence the

complainant filed a complaint for the offence under Sections 120(b), 442,

294(b), 323 & 506(ii) I.P.C. The learned Magistrate after reading the sworn

statement, in paragraph 4 of its judgment narrated that the complainant has

not disclosed the true fact and that no cognizable offence was made out. The

learned Magistrate has also further noted down the falsification of the

complaint by mentioning the complaint receipt No.43 /2020 and disbelieved

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the receipt and the allegations on that ground. According to the complainant

the occurrence took place on 01.02.2021 but the police receipt could not be

given as 43/2020 for the incident occurred during the year 2021. Further he

noted the material discrepancy for the allegations of taking treatment at

hospital. At this circumstance, the Trial Court based upon the sworn

statement and the allegations of the complaint found no prima facie case has

been made out for forwarding the complaint to the respondent police. Hence

dismissed the case. The finding of the trial Court is reasonable and I find no

reason to interfere with the order of the trial Court. Hence this Criminal

Revision Case is dismissed.

02.03.2023

rpl

To

1.The Judicial Magistrate Court No.II, Gobichettypalayam, Erode District.

2.The Superintendent of Police, Office of the Police Superintendent, Erode.

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3.The Sub Inspector of Police, Kadathur Police Station, Kadathur.

4.The Public Prosecutor, High Court of Madras, Chennai-104.

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V.SIVAGNANAM, J., rpl

Crl.R.C.No.404 of 2023

02.03.2023

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