Crl.RC.No.398 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.08.2025 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.RC.No.398 of 2025 S.Ashokkumar ... Petitioner Vs. 1.Deepa 2.Subhashini 3.State represented by Inspector of Police, Gudiyatham Town Police Station, Vellore District. ... Respondents PRAYER: Criminal Revision Petition filed under Section 438 R/w.442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to call for the records on the file of the learned Judicial Magistrate, Gudiyatham, Vellore District in Crl.M.P.No.11 of 2025 and set aside the order dated 06.02.2025. For Petitioner : Mr.V.Balamurugane For R1 & R2 :S.Sriram For R3 : Mr.A.Gopinath Government Advocate (Crl.Side) 1/5 https://www.mhc.tn.gov.in/judis Crl.RC.No.398 of 2025 ORDER This criminal revision petition has been filed challenging the order dated 06.02.2025 passed in Crl.M.P.No.11 of 2025 on the file of the learned Judicial Magistrate, Gudiyatham, thereby dismissing the petition filed under section 156(3) of Cr.P.C seeking a direction for registration of an FIR. 2. The petitioner lodged a complaint alleging that the respondents 1 and 2, who were working in the petitioner's jewellery shop namely Sri Ashok Jewels, had stolen and mortgaged jewels to obtain loans. On verification of stock list, the petitioner found the missing jewels and suspected the respondents 1 and 2 herein. On verification they had stolen the jewels and mortgaged the same. On 27.02.2023, both the respondents 1 and 2 were caught red-handed while taking jewels away from the jewellery shop. On the complaint, the 3rd respondent did not take any action and as such the petitioner approached the learned Magistrate under section 156(3) of Cr.P.C. However, the learned Magistrate dismissed the petition on the ground that the petitioner failed to produce any documentary evidences such as stock records, audit reports, or any admission in writing by the accused to substantiate the allegations. It is 2/5 https://www.mhc.tn.gov.in/judis Crl.RC.No.398 of 2025 unfortunate to state that it is matter for investigation. In fact the petitioner red-handedly caught hold the respondents 1 and 2 while stealing the jewels. Therefore, the allegations are clearly made out to register an FIR. Even then, the trail Court without considering the allegations, simply dismissed the petition. 3. Heard the learned counsel for the petitioner and learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 and perused the materials available on record. 4. This Court is of the considered opinion that the impugned order in this revision cannot be sustained and is liable to be set aside. Accordingly the order dated 06.02.2025 passed in Crl.M.P.No.11 of 2025 by the Judicial Magistrate, Gudiyatham, is hereby set aside. The 3rd respondent is directed to register the FIR forthwith on the complaint lodged by the petitioner as against the accused and proceed in the manner known to law. 3/5 https://www.mhc.tn.gov.in/judis Crl.RC.No.398 of 2025 5. In the result, this Criminal Revision Case stands allowed. 12.08.2025 mpa To 1.The Judicial Magistrate, Gudiyatham, Vellore District 2. Inspector of Police, Gudiyatham Town Police Station, Vellore District. 3.The Public Prosecutor, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.RC.No.398 of 2025 G.K.ILANTHIRAIYAN, J. mpa Crl.RC.No.398 of 2025 12.08.2025 5/5 https://www.mhc.tn.gov.in/judis