The High Court dismissed a criminal revision filed against an order rejecting a petition under Section 156(3) Cr.P.C. The court held there were no averments of cheating or breach of trust at the time the lorry was taken, finding investigation was not warranted.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Revision Case No.1257 of 2020
R.Maragathavalli ... Petitioner
..vs..
State Rep. by
The Sub Inspector of Police,
Arni Taluk Police Station,
Arni. ... Respondent
Criminal Revision Case filed under Section 397 read with
401 Cr.P.C, to call for the records in Cr.M.P.No.879 of 2020
dated 29.10.2020 on the file of the learned Judicial
Magistrate, Arni and set aside the same.
For Petitioner : M/s.Dass and Viswa Associates
For Respondent : Mr.A.Madhan
Government Advocate (Crl.Side)
O R D E R
This Criminal Revision Case has been filed against the order dated 29.10.2020 passed in Cr.M.P.No.879 of 2020 on the file of the learned Judicial Magistrate, Arni, rejecting the petition filed by the petitioner herein under Section 156(3) of Criminal Procedure Code seeking for a direction to the respondent to register the complaint.
2.The grievance of the petitioner is that she has given a complaint to the respondent, which was assigned as C.S.R.No.802 of 2020, but the same has been kept in abeyance without any further action. Hence, she filed a petition under Section 156(3) Cr.P.C before the learned Judicial Magistrate Arni to direct the respondent to register the complaint in accordance with law based on C.S.R.No.802 of 2020. The learned Magistrate after considering the materials found that though an offence under Section 417 IPC is made out, the said offence is not a cognizable one as per schedule II of Criminal Procedure Code and dismissed the petition. Aggrieved over the same, the petitioner is before this Court.
Registration No.TN-02-AC-4776 and there was a business transaction between the petitioner's husband and his friend one Velmurugan. Further, there was a money dispute between them and in order to that Velmurugan taken away the lorry and committed breach of trust as well as cheating. Hence, the petitioner filed a complaint before the respondent police, but, the same has been kept in abeyance without any further action. Thereafter, she approached the learned Magistrate seeking for a direction to the respondent to register the complaint. However, the learned Magistrate without application of mind, simply rejected the petition on the ground that no cognizable offence was made out for directing the respondent police to register the FIR and hence, the same warrants interference in the hands of this Court.
5.Accordingly, this Criminal Revision Case is dismissed. Sd/Assistant Registrar //True Copy// Sub Assistant Registrar
ms To 1.The Judicial Magistrate, Arni. 2.The Sub Inspector of Police, Arni Taluk Police Station, Arni. 3. The Public Prosecutor, High Court, Madras. Crl. R.C.No.1257 of 2020 UM(CO) GN(05/02/2021)
3 issues framed by the court
Whether the learned Magistrate was justified in refusing to direct the police to register a complaint alleging cheating and breach of trust.
Whether the petition under Section 156(3) Cr.P.C warrants interference.
Whether the allegations in the complaint were sufficient to make out a cognizable offence requiring investigation.
2 provisions across 1 enactments
R.Maragathavalli
State Rep. by The Sub Inspector of Police, Arni Taluk Police Station, Arni
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
