The High Court allowed a criminal revision filed under CrPC Sections 397/401 to set aside an order dismissing a private complaint filed under Section 156(3) CrPC. The Court held the lower court erred in dismissing the complaint without giving the complainant an opportunity to appear, noting the pandemic as a contributing factor to the absence.
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 JUDICIATURE AT MADRAS
DATED: 04.03.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.R.C.No.194 of 2022
G.Umapathy
...Revision Petitioner
versus
1.The Inspector of Police, T-6, Avadi Police Station, Avadi, Chennai – 600 054. 2.G.Mahendrababu
Prayer: Criminal Revision filed under Section 397 r/w.Section 401 of Code of Criminal Procedure, to set aside the order passed in C.M.P.No.4617 of 2021 on the file of the Judicial Magistrate No.II, Poonamallee, dated 09.09.2021 by allowing the present Criminal Revision Case.
For Petitioner : Mr.B.Gopalakrishnan For Respondent-1: Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
O R D E R
Being dissatisfied with the order dated 09.09.2021 in C.M.P.No.4617 of 2021 passed by the learned Judicial Magistrate No.II, Poonamallee (FAC), the petitioner, who is the complainant/petitioner, has preferred this criminal revision praying to set aside the order dated 09.09.2021 and to restore the complaint filed by him on file.
complainant/petitioner herein has not appeared before the said Court and thereby, the learned Judicial Magistrate No.II, Poonamallee dismissed the complaint filed by the petitioner. Against which, the petitioner is before this Court with this Criminal Revision Case.
With the above directions, the Criminal Revision Petition is allowed.
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
rsi
To
Crl.R.C.No.194 of 2022
GPL(CO) SP(11/04/2022)
2 issues framed by the court
Whether a revision will lie when the impugned order of the lower court on a private complaint was passed without giving the prosecution an opportunity to be heard.
Whether the lower court committed a error of law by dismissing the private complaint without recording reasons or providing fair hearing to the complainant.
2 provisions across 1 enactments
G. Umapathy
Inspector of Police, T-6, Avadi Police Station
G. Mahendrababu
G. Maheshkumar
R. Pongippan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
