Abdulkadhar vs Bayilvan @ Selvaraj
2023 Latest Caselaw 2191 Mad

                                                                            Crl.R.C.(MD)No.272 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 09.03.2023

                                                        CORAM

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                               Crl.R.C.(MD)No.272 of 2023

                     Abdulkadhar                                                ... Petitioner/
                                                                                    Complainant

                                                          Vs.
                     1.Bayilvan @ Selvaraj

                     2.Nayinar

                     3.Santhosh Kumar

                     4.The Inspector of Police,
                       Kadayanallur Police Station,
                       Tenkasi.                                                ... Respondents/
                                                                                   Respondents
                     PRAYER : This Criminal Revision has been filed under Section 397
                     r/w 401 of Criminal Procedure Code, to call for the records pertaining to
                     the Crl.M.P.No.320 of 2023 on the file of the learned Judicial Magistrate
                     Court, Tenkasi and to set aside the impugned order passed in
                     Crl.M.P.No.320 of 2023 dated 20.01.2023 and consequently direct the
                     fourth respondent to register the complaint dated 30.11.2022.
                                      For Petitioner      : Mr.C.M.Arumugam

                                      For R4              : Mr.SS.Madhavan
                                                            Government Advocate (Crl. Side)

                     1/4

https://www.mhc.tn.gov.in/judis
                                                                              Crl.R.C.(MD)No.272 of 2023




                                                           ORDER

The above Criminal Revision Petition has been filed seeking

orders to call for the records pertaining to Crl.M.P.No.320 of 2023 on the

file of the learned Judicial Magistrate Court, Tenkasi and to set aside the

impugned order passed in Crl.M.P.No.320 of 2023 dated 20.01.2023 and

consequently direct the fourth respondent to register the complaint dated

30.11.2022.

2. The revision petitioner/complainant has filed a petition under

Section 156(3) Cr.P.C. seeking direction for registration of an FIR. The

learned Magistrate, after perusing the complaint and other materials

available, has dismissed the complaint.

3. When the matter is taken up for hearing today, the learned

Government Advocate (Criminal Side) appearing for the fourth

respondent would submit that the complaint sent by the petitioner to the

Superintendent of Police was forwarded to the fourth respondent and

both the parties appeared before the fourth respondent and legal opinion

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.272 of 2023

was sought from the Public Prosecutor and on that basis, the complaint

was ordered to be closed.

4. In view of the above, the fourth respondent is directed to issue

summons to the concerned parties to appear before them and on receipt

of the summons, both the parties are directed to appear before the fourth

respondent and on such appearance, the fourth respondent is directed to

conduct the enquiry by following the judgment of the Hon'ble Supreme

Court in Lalita Kumari Vs. Government of Uttar Pradesh and Others

reported in (2014) 2 SCC 1 and pass orders within a period of ten days

from the date of receipt of a copy of this order.

5. With the above directions, this Criminal Revision Petition

stands disposed of.

                                                                                    09.03.2023

                     NCC                :     Yes / No
                     Index              :     Yes / No
                     Internet           :     Yes / No
                     csm

Note : Issue order copy on 14.03.2023

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)No.272 of 2023

K.MURALI SHANKAR,J.

csm

To

1.The Inspector of Police, Kadayanallur Police Station, Tenkasi.

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

Order made in Crl.R.C.(MD)No.272 of 2023

Dated: 09.03.2023

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