Bank manager's revision against dismissal of his Section 156(3) petition seeking FIR registration. Pending revision, police registered FIR under Sections 406 and 420 IPC on his complaint. The High Court held nothing survived for adjudication and dismissed the revision as infructuous.
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Crl.R.C.No.396 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.396 of 2024
Ruthramoorthy ... Petitioner Vs.
1.The Inspector of Police, D-5 Marina Police Station, Kamaraj Salai, Nochi Nagar, Chennai-600004.
2.Nalini Ramesh ... Respondent
PRAYER : Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to set aside the order in Crl.M.P.No.55431 of 2023 dated 22-12-2023 passed by the learned Metropolitan Magistrate No.II, Egmore, Chennai.
For Petitioner : Mr.R.Paramasivam For R1 : Mr.S.Raja Kumar Additional Public Prosecutor
ORDER
This Criminal Revision Case has been filed to set aside the impugned
order in Crl.M.P.No.55431 of 2023, dated 22.12.2023 passed by the learned II
Metropolitan Magistrate, Egmore, Chennai.
2.This Court on 05.03.2024 had passed the following order:
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Crl.R.C.No.396 of 2024
“ Mr.S.Raja Kumar, learned Additional Public Prosecutor takes notice for the 1 st respondent.
2.The petitioner is the Chief Manager of State Bank of India, Chennai, has filed a complaint to the 1st respondent Police on 02.12.2022. Since no action taken, he sent a representation to the Assistant Commissioner of Police, Mylapore on 10.08.2022 with a copy marked to the Deputy Superintendent of Police, Mylapore, thereafter to, no action taken. Following the same, a representation to the Commissioner of Police, Vepery, Chennai sent on 04.09.2023. Despite a nationalized bank knocking at the doors of the Police at various levels, no action has been taken. Hence, the petitioner filed a petition under Section 156(3) Cr.P.C., before the learned II Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.55431 of 2023. The learned Magistrate vide order, dated 22.12.2023 finding that the documents produced by the petitioner are not sufficient, dismissed the petition. Challenging the same, the present Criminal Revision Case is filed.
3.In view of the above, the learned Additional Public Prosecutor is directed to file status report with regard to steps taken on the complaint of the petitioner, dated 02.12.2022 thereof.
4.Post the matter for filing status report on 14.03.2024. ”
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Crl.R.C.No.396 of 2024
3.In continuation and conjunction to the above order, this Court is passing the following order.
4.When the matter was taken up for hearing, the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the 1st respondent Police submitted that on the complaint of the petitioner, an FIR in Crime No.48 of 2024 has been registered for offence under Sections 406 & 420 of IPC on 11.03.2024.
5.In view of the above, nothing survives for adjudication in the criminal revision case and the same is dismissed as infructuous.
20.03.2024
Speaking order/Non-speaking order Index: Yes/No Internet: Yes Neutral Citation: Yes/No
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M.NIRMAL KUMAR, J.
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Crl.R.C.No.396 of 2024
To
Crl.R.C.No.396 of 2024
20.03.2024
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1 issue framed by the court
Whether the Magistrate's dismissal of the Section 156(3) Cr.P.C. petition should be set aside after an FIR was registered on the same complaint?
3 provisions across 2 enactments
Ruthramoorthy
The Inspector of Police, D-5 Marina Police Station, Chennai
Nalini Ramesh
M.NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
