A criminal revision filed by an accused challenging the dismissal of a protest petition was dismissed. The petitioner sought liberty to file a private complaint but the court did not adjudicate the merits.
Criminal Revision dismissed with liberty to file a private complaint under Section 200 Cr.P.C or 223 BNSS.
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.561 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
Crl.R.C.No.561 of 2023
Kulam Mohamed Ibrahim ... Petitioner
Vs.
The Assistant Commissioner of Police, Nungambakkam Circle, Chennai, Chennai – 600 005. (Crime No.383 of 2021) ... Respondent
Prayer : Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C, praying to setaside the order in Crl.M.P.No.28872 of 2022 dated 29.12.2022 passed by the 14th Metropolitan Magistrate, Egmore, Chennai and allow the protest petition filed by the petitioner to secure the ends of justice.
For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
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Crl.R.C.No.561 of 2023
This Criminal Revision Case has been filed seeking to set aside the order dated 29.12.2022 passed by the learned 14th Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.28872 of 2022 and allow the protest petition filed by the petitioner to secure the ends of justice.
2. The case of the petitioner is that, he was attacked by the officials of Directorate of Enforcement, when he was attending the enquiry, thereby, he made a complaint before the law enforcing agency. However, the law enforcing agency had filed a referred charge sheet, therefore, the petitioner has filed a protest petition before the trial court in Crl.M.P.No.28872 of 2022 and the said petition was dismissed by the trial court vide order dated 29.12.2022. Aggrieved by the same, the petitioner has filed the present revision before this court.
3. Though very many grounds have been raised by the petitioner,
however, when the matter is taken up for hearing today, learned counsel appearing for the petitioner submitted that, without going into the merits
of the case, this court may grant liberty to the petitioner to file a private complaint u/s 200 Cr.P.C or 223 BNSS before the concerned court in the
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Crl.R.C.No.561 of 2023
manner known to law.
with the above liberty.
02.08.2024
Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp
To
1.The 14th Metropolitan Magistrate, Egmore, Chennai.
2.The Assistant Commissioner of Police, Nungambakkam Circle, Chennai – 600 005.
3.The Public Prosecutor, Madras High Court, Chennai.
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Crl.R.C.No.561 of 2023
M.DHANDAPANI, J.
sp
Crl.R.C.No.561 of 2023
02.08.2024
Page No.4 of 4 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether to grant liberty to the petitioner to file a private complaint under Section 200 Cr.P.C or 223 BNSS without adjudicating on the merits of the revision.
3 provisions across 2 enactments
Kulam Mohamed Ibrahim
The Assistant Commissioner of Police, Nungambakkam Circle, Chennai
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
