Dismissed

N.Kavipriya v. the State Repby the Inspector of Police

Madras HC25 Nov 2021CRL RC/770/2021

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Revision Petition challenging the Magistrate's order dismissing a petition for direction to police to register a complaint. The Court held that the dispute over recovery of cash and jewels from relatives is civil in nature and found no infirmity in the lower court's dismissal.

What did the court decide?

The Criminal Revision Petition was dismissed. The impugned order of the Learned Judicial Magistrate No.III was maintained.

N.Kavipriya Vs the State Repby the Inspector… — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.11.2021

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CORAM

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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Crl.R.C.No.770 of 2021

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N.Kavipriya ...Petitioner/Petitioner

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Vs.

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1.State rep. by The Inspector of Police, Reddiyarpalayam Police Station. Reddiyarpalayam, Puducherry.

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...1 st Respondent/Respondent 2.A.Selvam ...2 nd Respondent/Accused

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PRAYER: The Criminal Revision Petition is filed under Section 397 & 401 of the Code of Criminal Procedure, to call for records relating to the order dated 20.04.2021 made in C.M.P.No. 705 of 2019 on the file of the Learned Judicial Magistrate No.III at Puducherry and set aside the same by allowing this Criminal Revision Petition.

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For Petitioner : Mr.S.Suresh

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For Respondent : Mr.V.Balamurugan Public Prosecutor (Pondy)

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O R D E R

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This Criminal Revision Petition has been filed against the dismissal of the petition filed under Section 156 (3) of Criminal Procedure Code for directing the SHO, Reddiarpalayam Police to register the complaint.

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2. The case of the petitioner is that she had divorced her first husband due to misunderstanding and thereafter, she was living along with her elder sister viz., Mageshwari and her brother in law, Selvam in a rental house at Arumbarthapuram, Reddiarpalayam, before six years. Earlier, the petitioner's elder sister and brother in law had informed that the they had purchased a plot and that they needed money for construction of a house and they had taken 26 Sovereigns of jewels and cash Rs.1,50,000/- from her before six years. https://hcservices.ecourts.gov.in/hcservices/ When the petitioner had asked them to return the money, they

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had asked her to leave the house. Thereafter, six years ago, the petitioner had given a complaint before the Reddiarpalayam Police station and the police had summoned her sister and brother in law and enquired them and that during the enquiry, they undertook to return the cash and jewels. Thereafter, they have not returned cash and jewels, thereby she had filed a complaint before the Reddiarpalayam Police Station on 10.06.2019. Since the respondent did not take any action, she had filed a petition under Section 156 (3) of Criminal Procedure Code to direct the police to register a complaint.

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3. The learned Magistrate, after perusing the complaint and hearing the petitioner, had dismissed the complaint stating that the entire dispute is Civil in nature and that there is no prima-facie case to investigate the complaint. Against the dismissal, the present revision petition has been filed.

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4. Learned counsel for the petitioner would submit that the petitioner believing that her sister and brother in law had handed over the jewels and cash to them. Later, when she had demanded them to return the cash and jewels, they had refused to return the same and had driven her out of the house. He would further submit that the petitioner had earlier given complaint to the Reddiarpalayam Police Station and that during the enquiry, they had agreed to return the cash and jewels to the petitioner. Since they did not return the cash and jewels, the petitioner has filed the present revision petition.

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5. Heard the counsel and perused the materials available on record.

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6. The complaint had been filed by the petitioner seeking for recovery of cash and jewels handed over to her close relatives. Learned Magistrate had rightly found that the dispute is of civil in nature and also finding that there is no prima-facie case for issuing a direction, had dismissed the petition. This Court as well as the Hon'ble Apex Court in number of occasions deprecated the practice of converting civil disputes to criminal cases. I do not find any infirmity or error in the order passed by the learned Magistrate. Therefore, the Criminal Revision Petition lacks merits and is liable to be dismissed. Accordingly, the criminal revision petition is dismissed.

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Sd/-

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Assistant Registrar (CS-IX)

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//True Copy//

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Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/ vri/rgi

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To 1.Judicial Magistrate No.III, Puducherry . 2.-do- through The Chief Judicial Magistrate, Puducherry 3.The Inspector of Police, Reddiyarpalayam Police Station. Reddiyarpalayam, Puducherry. 4.The Public Prosecutor, Puducherry. +1cc to Mr.S.Suresh, Advocate SR. No.61127 Crl.R.C.No.770 of 2021 RSI (CO) PR (09/12/2021)

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https://hcservices.ecourts.gov.in/hcservices/

N.Kavipriya v. the State Repby the Inspector of Police

Case brief

What is this about?

What did the court decide?

N.Kavipriya v. the State Repby the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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