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2025 DAILYLAW 9431 (MAD)

SHANMUGAM v. The State Represented by its

CRL RC/2229/2025 · 2026-08-13

N Senthilkumar

Transfer Petitionbody2025

Judgment text

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CRL RC No. 2229 of 2025 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR.JUSTICE N.SENTHILKUMAR CRL.RC.No.2229 of 2025 Shanmugam S/o.Ramasamy Gounder, Residing at No. 2/99, Rasampalayam (P.O) Kodumudi Via, Erode District. ..Petitioner(s) Vs 1. The State Represented by its Inspector of Police, Kodumudi Police Station, Kodumudi, Erode District. 2. Maheswari W/o. Sounthar @ Sountharajan, Residing at MGR Nagar Kodumudi, Erode District. 3. Sounthar @ Soountharajan S/o.Kadhirvel, Residing at MGR Nagar Kodumudi, Erode District. 4. Ramani W/o.Ravichandran, Residing at MGR Nagar Kodumudi, Erode District. 5. Ravichandran S/o.Meganathan, Residing at MGR Nagar Kodumudi, Erode District. ..Respondent(s) https://www.mhc.tn.gov.in/judis CRL RC No. 2229 of 2025 __________ Page2 of 4 ..Respondent(s) Prayer: Criminal Revision filed under Section 397 Read With 401 of CR.P.C., praying to set aside the order passed by the Hon’ble District Munsif cum Judicial Magistrate, Kodumudi in C.M.P.No.1264 of 2021 dated 04.08.2025 to allow the Criminal Revision. For Petitioner(s): Mr.V.S.Kesavan For Respondent(s): Mr.A.Amarnath for R1 Counsel for Government of Tamil Nadu (Criminal Side) Mr.G.Punniakoti for R2 to R4 ORDER The present Criminal Revision has been filed challenging the order passed by the learned District Munsif cum Judicial Magistrate, Kodumudi, in C.M.P.No.1264 of 2021 dated 04.08.2025 in R.C.S.No.166 of 2024. 2.Learned counsel for the petitioner submits that, though specific allegations have been made in the complaint, the prosecution had closed the complaint by filing a negative report. Thereafter, the petitioner filed a protest petition, which came to be dismissed by the learned Magistrate. Hence, the present Criminal Revision has been filed. https://www.mhc.tn.gov.in/judis CRL RC No. 2229 of 2025 __________ Page3 of 4 3.The contention raised by the petitioner requires consideration by the learned Magistrate. Once a protest petition is filed, the learned Magistrate ought to have considered the same in the light of the facts and materials placed by the de facto complainant, dehors the negative report filed by the prosecution. 4.In view of the above observations, the order dated 04.08.2025 passed by the learned District Munsif cum Judicial Magistrate, Kodumudi, in C.M.P.No.1264 of 2021, is hereby set aside. 5.Accordingly, the Criminal Revision is allowed. 13-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PAM To 1.The District Munsif cum Judicial Magistrate, Kodumudi. 2.The Inspector of Police, Kodumudi Police Station, Kodumudi, Erode District. 3.The Public Prosecutor, High Court of Madras – 600 104. https://www.mhc.tn.gov.in/judis CRL RC No. 2229 of 2025 __________ Page4 of 4 N.SENTHILKUMAR, J. PAM CRL.RC.No.2229 of 2025 13-08-2026 https://www.mhc.tn.gov.in/judis