THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.07.2024 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C.(MD)No.298 of 2024 and Crl.M.P.(MD)No.3373 of 2024 M.Deivam ... Petitioner/Complainant/Appellant Vs.

The Inspector of Police, CBCID, Theni District. ... Respondent/Respondent/Respondent PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the entire relevant records of the impugned order passed by the learned Judicial Magistrate Court, Theni in Cr.M.P.No.7363 of 2023, dated 16.02.2024 in C.C.No.273 of 2016 and set aside the same.

For Petitioner : Mr.M.Deivam Party-in-person For Respondent : Mr.S.Ravi Additional Public Prosecutor * * * * * ORDER The Criminal Revision Case has been filed to set aside the order dated

16.02.2024 in Cr.M.P.No.7363 of 2023 passed by the learned Judicial Magistrate Court, Theni in C.C.No.273 of 2016.

2. The petitioner has filed this petition without any prayer in Crl.M.P.No.

7363 of 2023 on the file of the learned Judicial Magistrate Court, Theni. The sum and substance of the petition is that the investigating agency has not arrayed many other accused. At this stage, the petitioner filed the petition making the allegation against the prosecution agency/investigating agency and also the learned Government Advocate(Crl.side) represented before the Court below.

3. The learned Counsel for the petitioner stated that number of witnesses have deposed against many other persons, who have been deleted in the final report. In the said circumstances, he filed a petition with the following prayer:

“to call for the entire relevant records of the impugned order passed by the learned Judicial Magistrate Court, Theni in Cr.M.P.No.7363 of 2023, dated

16.02.2024 in C.C.No.273 of 2016 and set aside the same.”

4.The learned trial Judge has dismissed the petition on two grounds:

“(1)kDjhuh; jdJ thjj;jpw;F Mjuhthf jhff; y; bra;Js;s Crl.A.No.78888 of 2019 Sukhpal Singh Khaira Vs. The State of Punjab vd;w Kd; jPh;g;g[ ,t;tHf;F r'f; jpfSf;F bghUe;jp tuhJ. nkYk; ,nj tHf;fpy; ,nj kDjhuh; F.tp.K.r. gphpt[ 319-d; fPH; Vw;fdnt kD jhf;fy; bra;J mJ Vw;fdnt js;Sgo nra;ag;gl;L tpl;lJ vd;gJk;> tHf;F nfhg;gpid ghprPypj;J ghh;j;jjpy; njhpatUfpwJ.

(2)vdnt kDjhuhpd; kDit mDkjpg;gjw;F nghJkhd kw;Wk; jFe;j fhuz'f; s; VJk; Twg;gltpy;iy vd;Wk; Mtz';fs; VJk; rkh;g;gpff; g;gltpy;iy vd;Wk; Kot[ fz;L kD js;Sgo bra;ag;gLfpwJ.”

5.He has earlier filed a petition in Cr.M.P.No.5159 of 2017 under Section

319 of Cr.P.C. and the same was dismissed on 21.09.2017. Thereafter, he preferred a revision before this Court in Crl.R.C.(MD)No.435 of 2018 and the same was dismissed on 31.08.2018 and thereafter, he preferred Special Leve Petition(Crl.)No.1745 of 2019 and the same was dismissed by the Hon'ble Supreme Court. In the said circumstances, the second petition filed by the petitioner under Section 319 of Cr.P.C. is not maintainable. Apart from that there is no material to initiate the proceedings as against them.

6.The learned trial Judge has perused all the records and found that there was no materials to issue the summon under Section 319 of Cr.P.C. Challenging the same, he filed a petition and appeared as party-in-person and made detailed submission and he has stated that after dismissal of the Special Leave Petition by the Hon'ble Supreme Court, all the witnesses have stated about the role played by the accused. At this stage 319 of Cr.P.C has to be considered by the learned trial Judge, but without considering the same, he dismissed the petition.

7.To substantiate the argument, he produced the judgment of the Hon'ble Supreme Court in Sukhpal Singh Khaira Vs. The State of Punjab in Crl.A.No.

888 of 2019.

8.This Court considered the rival submission of the party in person.

9.When a question was raised by this Court to the party-in-person whether the petition under Section 319 of Cr.P.C., was dismissed and he affirmed that it was dismissed and the same was confirmed by this Court and Special Leave Petition was a