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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE K.MURALI SHANKAR
S.Ponnusamy – Appellant
Versus
Durai Murugan – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. decision on the dismissal of the petition (Para 3) |
| 3. arguments presented by both parties (Para 4 , 5 , 6 , 8 , 11 , 12) |
| 4. court's observations on procedural adherence (Para 7 , 10 , 13) |
| 5. conclusion and order of dismissal (Para 9 , 15) |
ORDER :
K. Murali Shankar, J.
The Criminal Revision is directed against the order passed in Crl.M.P.No.174 of 2024 dated 28.05.2024 on the file of the Court of the Judicial Magistrate, Aruppukkottai, dismissing the petition filed under Section 156(3) of the Code of Criminal Procedure.
2. The case of the petitioner is that the marriage between the petitioner's daughter Revathi and the first respondent was solemnized on 02.03.2015, that the petitioner has given 60 sovereigns of gold jewels, cash of Rs.10,00,000/- and household articles worth about Rs.5,00,000/- and also 5 sovereigns of jewels to the first respondent, that the said Revathi, after marriage, had been living with her husband, mother-in-law, sister-in-law and her husband/respondents 1 to 4 herein as a joint family at Chennai, that though the said Revathi was working in TVS Auto log and was getting monthly salary of Rs.40,000/-, th
Judicial Magistrates have discretion under Section 156(3) to refuse police investigation if claims are unsubstantiated, emphasizing the need for evidence before directing an FIR.
The magistrate has discretionary power to order investigation under Section 156(3) Cr.P.C. based on genuine petitions containing truthful allegations and the application under Section 156(3) should b....
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