The High Court dismissed a Criminal Revision filed under Section 397/401 CrPC to set aside a Magistrate's order, granting liberty to the petitioner to file a complaint under Section 156(3) CrPC for investigation.
Criminal Revision dismissed with liberty to file a complaint under Section 156(3) CrPC.
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.
Crl.R.C.No.505 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2023
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.Revision Case No.505 of 2023
M/s.VGN Projects Estates Pvt.Ltd., rep. by its Authorised Signatory Mr.Rangappan, Deputy General Manager, No.153, Wallace Garden 2nd Street, Nungambakkam, Chennai-600 006 ... Petitioner
Vs.
The State, rep by the Inspector of Police, Tambaram Police Station, Chennai. (CSR No.632 of 2020) ... Respondent
PRAYER: Criminal Revision Case is filed under Section 397 r/w 401 of Criminal Procedure Code, 1973 to call for the records in Crl.MP.No.9452 of 2022 on the file of the learned Judicial Magistrate no.I, Tambaram and set aside the same.
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Crl.R.C.No.505 of 2023
For Petitioner :Mr.Abudu Kumar Rajarathinam, Sr.counsel for Mr.V.S.Senthilkumar For Respondent : Mr.R.Vinothraja
Government Advocate (Crl.Side)
O R D E R
This Criminal Revision Case has been filed to call for the records in
Crl.MP.No.9452 of 2022 on the file of the learned Judicial Magistrate no.I, Tambaram and set aside the same.
2.Today, when the matter is taken up for hearing, it is brought to the notice of this Court that that the petitioner has not filed any complaint as contemplated under Criminal Procedure Code for forwarding the same under Section 156(3) of Cr.PC, to the concerned Jurisdictional Police for registering the case and to investigate the same but only filed an affidavit of the petition. Therefore, the learned counsel for the petitioner seeks liberty to file a complaint before the concerned Court.
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Crl.R.C.No.505 of 2023
17.03.2023
Index: Yes/No Internet: Yes/No dn
To
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Crl.R.C.No.505 of 2023
V.SIVAGNANAM , J.,
dn
Crl.R.C.No.505 of 2023
17.03.2023
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1 issue framed by the court
Whether the Criminal Revision filed under Section 397/401 CrPC can be maintained when the petitioner has not filed a complaint under Section 156(3) CrPC.
2 provisions across 1 enactments
M/s.VGN Projects Estates Pvt.Ltd.
The State
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
