Petitioner sought to set aside an order dismissing a petition under Section 156(3) Cr.P.C. for registration of FIR. The Bench held that since a fresh case had been registered by the police, nothing survived for adjudication and dismissed the revision as infructuous.
The Criminal Revision Case was dismissed as infructuous.
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.372 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
Crl.R.C.No.372 of 2024
R.Deepa ... Petitioner
Vs.
1.E.Vigneshwar
2.The State of Tamilnadu Rep by, The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri. ... Respondents
Prayer : Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C, praying to call for the records and set aside the order passed in Crl.M.P.No.73 of 2024 by the Additional Mahila Judge (Magisterial Level) Dharmapuri dated 22.01.2024.
For Petitioner : Mr.M.Selvam
For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) [R2] *****
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Crl.R.C.No.372 of 2024
ORDER
This Criminal Revision Case has been filed seeking to set aside the order passed in Crl.M.P.No.73 of 2024 by the learned Additional Mahila Judge (Magisterial Level) Dharmapuri dated 22.01.2024.
2. The case of the petitioner is that, she has made made a complaint as against the 1 st respondent before the law enforcing agency, however, the said complaint was not processed, thereby the petitioner filed a petition u/s 156(3) of Cr.P.C. seeking for a direction to direct the 2nd respondent to register FIR and to conduct investigation for the offence alleged in complaint in Crl.M.P.No.73 of 2024 and the same was dismissed by the trial court vide impugned order dated 22.01.2024. Challenging the same, the petitioner has filed the present revision.
3. When the matter is taken up for hearing today, learned Government Advocate (Crl.Side) appearing for the 2 nd respondent police submitted that, as against the 1 st respondent, a case in Crime No.401 of 2024 for the alleged offence u/s 318(1), 318(2), 75(1) and 75(2) of BNSS, 2023 has been registered.
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Crl.R.C.No.372 of 2024
4. In view of the above submission made by the learned Government Advocate (Crl.Side) appearing for the 2nd respondent, this court is of the view that nothing survives for adjudication in this matter. Accordingly, this Criminal Revision Case is dismissed as infructuous.
02.08.2024
Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp
To
1.The Additional Mahila Judge (Magisterial Level) Dharmapuri. 2.The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri. 3.The Public Prosecutor, Madras High Court, Chennai.
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Crl.R.C.No.372 of 2024
M.DHANDAPANI, J.
sp
Crl.R.C.No.372 of 2024
02.08.2024
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2 issues framed by the court
Whether the Criminal Revision Case filed under Section 397 r/w 401 Cr.P.C. survives for adjudication when a fresh case was registered by the police.
Whether the dismissal of the petition under Section 156(3) Cr.P.C. should be set aside in view of new facts.
2 provisions across 1 enactments
R.Deepa
E.Vigneshwar
The State of Tamilnadu Rep by, The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri.
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
