CRL.R.C.(MD).No.791 of 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 27.10.2021

PRONOUNCED ON:20.12.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

CRL.R.C.(MD).No.791 of 2016

and

Crl.M.P.(MD)No.11374 of 2016

1.V.Mannayathevar

2.Mathiarasu

3.Vetrivel

4.Tamil @ Tamilarasan

:

Petitioners/Respondents/

Accused 1 to 4

Vs.

1.State represented by

The Inspector of Police,

Thanjavur East Police Station,

Thanjavur.

(Crime No.575 of 2013)

: 1^st Respondent/1^st Respondent/

Complainant

2.V.Mohan

: 2^nd Respondent/Petitioner/

Defacto complainant

PRAYER: Criminal Revision Petition has been filed under Section 397

(1) r/w 401 of Cr.P.C, against the order dated 02.11.2016, passed

in Cr.M.P.No.394 of 2015, in S.C.No.238 of 2015, on the file of the

learned Additional Assistant Sessions Judge, Thanjavur, Thanjavur

District.

For Petitioners

: Mr.Suresh Kannan

for Mr.N.Subramani

For Respondents

: Mr.M.Muthumanikkam

Government Advocate(Crl.Side)

for R.1

: Mr.V.Chandrasekar

for R.2

ORDER

This Criminal Revision Petition is directed against the order

passed in Cr.M.P.No.394 of 2015 in S.C.No.238 of 2015, dated

02.11.2016, on the file of the Additional Sessions Judge, Thanjavur

in allowing the petition filed under Section 173(8) Cr.P.C.

1/10

https://hcservices.ecourts.gov.in/hcservices/

CRL.R.C.(MD).No.791 of 2016

2. The facts that led to the filing of the present Criminal

Revision Petition in short are as follows:

(i) The second respondent is the defacto complainant. The

revision petitioner No.1/first accused is none other than the

defacto complainant's sister's husband and the second accused is

none other than his own brother. The defacto complainant has lodged

a complaint with the first respondent and on that basis F.I.R., came

to be registered in Cr.No.575 of 2013 for the alleged offences under

Sections 368, 386 and 506(ii) I.P.C., and the final report was

taken on file in P.R.C.No.38 of 2014, on the file of the Court of

the Judicial Magistrate No.1, Thanjavur, against the present

revision petitioners. Thereafter, the learned Judicial Magistrate,

after complying with all necessary legal formalities, has committed

the case to the Court of Sessions and the case was taken on file in

S.C.No.238 of 2015 and subsequently, the said case was made over to

the Additional Assistant Sessions Court, Thanjavur.

(ii) The second respondent/defacto complainant, alleging that

the first respondent has not conducted the investigation properly,

has filed a petition under Section 173(8) Cr.P.C in Cr.M.P.No.394 of

2015 seeking orders directing the first respondent to investigate

the matter further and file a fresh charge sheet incorporating all

the material facts. The first respondent as well the accused

1 and 2 and the accused A.3 and A.4 have filed counter statements

rising serious objections.

(iii) The learned Additional Assistant Sessions Judge, after

enquiry, has passed an order dated 04.03.2016 dismissing the said

petition. Aggrieved by the said order of dismissal, the defacto

complainant has preferred a revision before this Court in Crl.R.C.

(MD)No.177 of 2016 and this Court, vide order dated 11.08.2016, has

allowed the revision, setting aside the order passed in

Cr.M.P.No.394 of 2015 and directed the learned Additional Assistant

Sessions Judge to restore the said application to his file, to

rehear the matter and pass orders in accordance with law. In

pursuance of the said orders of this Court, the petition was

restored to file and after hearing the learned Counsel for all the

parties and on perusing the materials placed on record, the learned

Additional Assistant Sessions Judge, has passed the impugned order

dated 02.11.2016, allowing the petition and thereby directed the

first respondent to investigate the matter further under Section 173

(8) Cr.P.C. and file a fresh char