A Criminal Revision Petition was dismissed as not maintainable. The High Court held that when a Medicinal Petition is closed due to the complainant's non-appearance after the police filed a report, no revision lies under Sections 397 and 401 of the Code of Criminal Procedure.
The Criminal Revision Petition was dismissed for lack of maintainability.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2021
CORAM:
THE HON'BLE MR.JUSTICE P.VELMURUGAN
CRL.R.C.No.391 f 2019
S.R.Irene Kumari ...Petitioner
Versus
The Inspector of Police, R-2, Kodambakkam Police Station, Kodambakkam, Chennai-600 024. ...Respondent
PRAYER : Criminal Revision Petition filed under Section 397 r/w 401 of the Code of Criminal Procedure, to setaside the order dated 08.11.2018 passed by the XVII Metropolitan Magistrate, Saidapet, Chennai in M.P.No.2807/2018 and further direct the respondent to register the complaint dated 17.12.2017.
For Petitioner : Mr.S.Makesh For Respondent : Mr.S.Sugendran Government Advocate, (Criminal Side)
ORDER
This Criminal Revision Petition has been filed by the petitioner to setaside the order dated 08.11.2018 passed by the XVII Metropolitan Magistrate, Saidapet, Chennai in M.P.No.2807/2018 and further direct the respondent to register the complaint dated 17.12.2017.
maintainable. The petitioner is at liberty to workout his remedy in the manner known to law.
Sd/-
Assistant Registrar (CS-IV)
//True Copy//
Sub Assistant Registrar
mfa
To
Chennai-600 024.
CRL.R.C.No.391 of 2019
GJ(CO)
RVM(23/08/2021)
1 issue framed by the court
Whether a Criminal Revision Petition is maintainable when the impugned order was passed due to the petitioner's non-appearance in the underlying medicinal petition after the police filed a report.
2 provisions across 2 enactments
S.R.Irene Kumari
The Inspector of Police, R-2, Kodambakkam Police Station
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
