Madras High Court
T.S.Pasupathy vs M.Mylsamy on 9 March, 2023
CRL.R.C.(MD).No.197 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 09.03.2023
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRL.R.C.(MD).No.197 of 2023
T.S.Pasupathy : Petitioner/Petitioner/Defacto
complainant
Vs.
1.M.Mylsamy
2.M.Jayaraj
3.S.Kannan
4.A.Vijayapandian
5.The Inspector of Police,
CBCID-Original Crime Unit,
Trichy. : Respondent/Respondent/Petitioner
(R5 is suo-motu impleaded as per order of the Court, dated 23.01.2023 in
Crl.M.P.(MD)No.13205 of 20222 in Crl.RC(MD)No.SR 37203 of 2022)
PRAYER: Criminal Revision Petition has been filed under Section 397(1) r/w
401 of Cr.P.C, to call for the records of the impugned order, dated 07.09.2021
passed in Crl.M.P.No.5573 of 2021 in C.C.No.437 of 2021 on the file of the
learned Judicial Magistrate No.VI, Trichirappalli.
For Petitioner : Mrs.AL.Gandhimathi,
for Mr.C.Mahadevan
https://www.mhc.tn.gov.in/judis
1/5
CRL.R.C.(MD).No.197 of 2023
For Respondents : Mr.A.Robinson, for R1.
: Mr.P.Edinbrough, for R2 to R4.
: Mr.R.Senthil Kumar, for R3.
: Mr.R.Meenakshi Sundaram,
Additional Public Prosecutor, for R5.
ORDER
The Criminal Revision Case is directed against the order passed in Crl.M.P.No.5573 of 2021 in C.C.No.437 of 2021 on the file of the learned Judicial Magistrate No.VI, Trichirappalli, dated 07.09.2021, dismissing the petition filed under Section 319(1) Cr.P.C.
2. The learned counsel for the petitioner would submit that FIR was lodged against three named persons and ten unnamed persons, that after investigation, negative report was filed that the petitioner/defacto complainant has filed a protest petition in Cr.M.P.No.6021 of 2018 and that the learned Magistrate, after conducting enquiry under Section 202 of Cr.P.C, has passed an order taking cognizance against three accused/respondents 1 to 3 herein for the alleged offences under Sections 294(b), 323, 354, 506(i) r/w 34 IPC and Section 4 of TNWH Act.
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3. The learned counsel for the petitioner would further submit that subsequently, the petitioner after coming to know about the unnamed accused, has filed the present application in Crl.M.P.No.5573 of 2021 to implead them as accused, in Cr.M.P.No.5573 of 2021 and that the learned Magistrate, after conducting enquiry, has dismissed the said petition. Aggrieved by the said dismissal, the present revision came to be filed.
4. The learned Magistrate, in the impugned order, has specifically observed that there is no specific evidence available against the proposed accused and that even after seeing the CD containing the entire occurrence, the defacto complainant was not in a position to say any accusation against the proposed accused.
5. It is evident from the records that in the enquiry under Section 202 Cr.P.C, six witnesses have been examined and the learned Magistrate, after considering the evidence of the witnesses examined, has come to a decision that there is no evidence available as of now against the proposed accused.
6. Considering the facts and circumstances of the case and also the evidence now placed before this Court, the dismissal of the petition filed under https://www.mhc.tn.gov.in/judis 3/5 CRL.R.C.(MD).No.197 of 2023 Section 319(1) Cr.P.C cannot be found fault with. Hence, this Court decides that the revision petition is devoid of merits and the same is liable to be dismissed.
7. In result, the Criminal Revision is dismissed. However, the petitioner is at liberty to file a protest petition under Section 319 Cr.P.C, after examination of the occurrence witnesses at the trial and if the proposed accused were implicated therein.
8. With the above direction, the Criminal Revision Case is disposed of.
09.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No das To
1. The Judicial Magistrate No.VI, Trichirappalli.
2.The Inspector of Police, CBCID-Original Crime Unit, Trichy.
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das Order made in CRL.R.C.(MD).No.197 of 2023 09.03.2023 https://www.mhc.tn.gov.in/judis 5/5