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2025 DAILYLAW 203384 (MAD)

MR.KAMALAKANNAN v. MR.THANGAMANI

CRL RC/2732/2025 · 2025-12-12

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.R.C.No.2732 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.12.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C.No.2732 of 2025 and Crl.M.P.No.23932 of 2025 Kamalakannan ... Petitioner Vs. 1. Thangamani 2. The State of Tamil Nadu Represented by the Inspector of Police, Jayankondam Police Station, Ariyalur District. 3. Anjappan 4. Siva 5. Sindhuja 6. Sheela Rani District Registrar, Multi-Department Complex, Jayankondam Road, Ariyalur. 7. Manimegalai, Sub Registrar, Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2732 of 2025 Pakutharivu Nagar, Jayankondam, Ariyalur District. Mobile No.85268 29826 8. Rajavaduvelu Advocate T, Palur Road, Opposite to Old Court Campus, Jayankondam Mobile No.98654 94515 9. Saravanan, Former Tahsildar, Takutharivu Nagar, Jayankondam, Ariyalur District Mobile No.70941 89331 10. Packiaraj, Village Administrative Officer, Jayankondam Town, Udaiyarpalayam Taluk, Ariyalur District – 96989 31733 11. Sathishkumar 12. Gokulbabu Advocate, Opposide to DSP Office, Jayankondam Road, Ariyalur. 13. R.Silambarasan 14. Rajendran ... Respondents Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2732 of 2025 Prayer: Criminal Revision Case filed under Section 438 r/w 442 of BNSS, 2023, to call for the records relating to the order dated 25.11.2025 in Crl.M.P.No.4610 of 2025 passed by the learned Judicial Magistrate No.I, Jayankondam, set aside the same. For Appellant : Mr.A.Suresh Sakthi Murugan For R2 : Mr.C.E.Pratap Government Advocate (Crl. Side) ORDER The petitioner challenges the order dated25.11.2025 passed by the learned Magistrate in Crl.M.P. No.4610 of 2025 on the file of the Judicial Magistrate No.I, Jayankondam, directing the respondent police to register an F.I.R against those persons if cognizable offence is made out or to file a report before the Magistrate Court within a reasonable time. 2. The learned counsel for the petitioner, who is shown as a proposed accused, has challenged the said order on the ground that the learned Magistrate has violated the procedure in issuing such directions; that the petitioner is not involved in the offence; and therefore, the impugned order is liable to be set aside. Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2732 of 2025 3. Head the learned Government Advocate (Crl. Side) appearing for the 2nd respondent. 4. The relevant portion of the impugned order dated 25.11.2025 reads as follows: “Consequently, the Station House Officer of Jayankondam Police Station is directed to conduct a preliminary inquiry upon this petition as per the directions set out by the Supreme Court in the Lalitha Kumari case. If, upon preliminary inquiry, the police shall register an FIR only against those against whom the cognizable offence is established, or otherwise file a report before this court within a reasonable time. This petition is allowed accordingly.” 5. The learned Magistrate had only directed the police to conduct an enquiry and register an F.I.R against the persons who have committed cognizable offence. Therefore, it is needless to say that the 2nd respondent Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2732 of 2025 shall conduct an enquiry in terms of the order passed by the learned Magistrate and in case the petitioner is aggrieved by the registration of the F.I.R, he is at liberty to challenge the same by filing a quash petition. 6. With the above liberty, the Criminal Revision Case is disposed of. Connected, Criminal Miscellaneous Petition is closed. 12.12.2025 Index : Yes/No Speaking Order/Non Speaking Order Mac SUNDER MOHAN, J. Mac To 1. The Judicial Magistrate No.I, Jayankondam Page No.5 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2732 of 2025 2. The Inspector of Police, Jayankondam Police Station, Ariyalur District. 3.The Public Prosecutor, High Court, Madras. Crl.R.C.No.2732 of 2025 and Crl.M.P.No.23932 of 2025 12.12.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis