Crl.R.C.No.1852 of 2023

THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2023

CORAM:

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR

Crl.R.C.No.1852 of 2023

1.Ravisankar

2.Parthasarathy

3.Jayanthi

4.Rajasekar

5.Bharathi

6.Rajesh @ Ramesh

... Petitioners

Vs.

1.State Rep by

The SHO,

All Women Police Station,

Villianur, Puducherry.

2.Priyanka

... Respondents

PRAYER: Criminal Revision Case has been filed under Sections 397 and

401 of Code of Criminal Procedure, pleased to call for the entire records

pertaining to the order passed in Crl.M.P.No.1677/2023 dated 02.03.2023 on

the file of the learned Chief Judicial Magistrate at Puducherry and set aside

the same as illegal and arbitrary.

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Crl.R.C.No.1852 of 2023

For Petitioners

: Mr.A.Madhan

For Respondent-1 : Mr.K.S.Mohandass

Public Prosecutor (Pondicherry)

Assisted by

Mr.A.Alexander

ORDER

This petition has been filed to call for the entire records pertaining to

the order passed in Crl.M.P.No.1677/2023 dated 02.03.2023 on the file of

the learned Chief Judicial Magistrate, Puducherry and set aside the same as

illegal and arbitrary.

2.The petitioners, who are the accused in Crime No.5 of 2023, filed

this revision challenging the order passed by the learned Chief Judicial

Magistrate, Puducherry in Crl.M.P.No.1677 of 2023 dated 02.03.2023

directing the All Women Police Station, Villiyanur, Pondicherry to register a

case and investigate on the complaint of second respondent herein.

3.The contention of the petitioners is that the learned Chief Judicial

Magistrate not followed the judgment and directions of the Hon’ble Apex

Court while forwarding a petition under Section 156(3) of Cr.P.C. The

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Crl.R.C.No.1852 of 2023

learned Magistrate without any application of mind passed this order,

challenging the same the present revision has been filed.

4.The learned Public Prosecutor (Pondicherry) on the contrary objected

to the same and submitted that pursuant to the order passed by the learned

Chief Judicial Magistrate, an F.I.R. in Crime No.5 of 2023 registered on

07.03.2023 by the first respondent police. Further submitted that in this case

there are totally six accused. The second respondent is the wife of the first

petitioner and other petitioners are her in-laws. The second respondent in her

complaint categorically stated about the harassment, demand of dowry and

the cruelty subjected to her at the hands of the petitioners herein. On satisfied

with the same, learned Chief Judicial Magistrate forwarded the complaint

under Section 156(3) of Cr.P.C. to the respondent police. The respondent

police on the directions, registered the F.I.R. Immediately on registering the

F.I.R., the petitioners approached this Court for anticipatory bail in

Crl.O.P.No.6128 of 2023. This Court, by an order dated 12.04.2023, granted

anticipatory bail to the petitioners with certain conditions. Thereafter, the

petitioners complied with the conditions, appeared before the respondent

police and the investigation is in progress. He further submitted that after

some time, the petitioners also filed a relaxation petition in Crl.M.P.No.7421

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Crl.R.C.No.1852 of 2023

of 2023 in Crl.O.P.No.6128 of 2023 seeking relaxation of the condition

imposed. This Court, by an order dated 26.05.2023, relaxed the condition.

The petitioners having complied with the condition, submitted to the

registration of the case, approached this Court as well as participated in the

investigation, now cannot make turn around and question the very basis of

the order of the learned Chief Judicial Magistrate in forwarding the

complaint. Hence, strongly opposed this petition.

5.Considering the facts and circumstances of the case, this Court finds

no merits in the petition as well as in the petitioners' submission. Hence, the

Criminal