Ranjith Kumar v. Indirani
Case brief
What is this about?
Petitioner challenged a dismissal of private complaint alleging civil dispute via Section 482 Cr.P.C. Court declined to revive closed chapter, noting allegations were civil and suit pending.
What did the court decide?
Criminal Original Petition dismissed; no order on revival of complaint.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2019
CORAM THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.30511 of 2015
Ranjith Kumar .. Petitioner
Vs.
1.Indirani
2.Umadevi
3.Revathi
4.Muthukumar
5.Venkatesan
6.Balu
7.Rajkumar
8.Ravichandran
9.Nepoleon
10.Moorthy
11.Kumar
12.Durai
.. Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to set aside the order dated 20.08.2005 passed by the learned Principal District and Sessions Judge, Dharmapuri, in Crl.R.C.No.21 of 2014 by confirming the order passed by the learned District Munsif cum Judicial Magistrate, Pennagaram, dated 18.08.2014 in Crl.M.P.No.5392 of 2014 and for proper adjudication.
For Petitioner : Mr.Fazulul Haq
For Respondent :Mr.C.Prabakaran for R1 to R12
O R D E R
This petition has been filed challenging the order passed in Crl.R.C.No.21 of 2014, dated 20.08.2015, wherein, the revisional Court confirmed the order passed by the Judicial Magistrate Court, Pennagaram, dismissing the private complaint filed by the petitioner against the respondents.
Issues for consideration
3 issues framed by the court
Whether the criminal court should take cognizance and order investigation when allegations are civil in nature and a civil suit was pending on the same issue.
Whether the High Court should exercise jurisdiction under Section 482 Cr.P.C. to revive a closed dispute after nearly 8 years.
Whether the revisional court erred in mechanically confirming the trial court's dismissal order without reasons.
Parties & counsel
- petitioner
Ranjith Kumar
- respondent
Indirani
- respondent
Umadevi
- respondent
Revathi
- respondent
Muthukumar
- respondent
Case details
As recorded by the court registry
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