KARTHICK Vs. JAIKUMAR CHRISTHURAJAN

JUDGEMENT

(1.) The Criminal Revision is directed against the order passed in Crl.M.P.No.1941 of 2024 dtd. 20/12/2024 under Sec. 175(3) BNSS on the file of the Court of the Judicial Magistrate, Eraniel.

(2.) The first respondent/complainant has filed a petition under Sec. 175(3) BNSS seeking direction to the Inspector of Police, Vellichanthai Police Station to register a case and for investigation. The learned Judicial Magistrate, taking into the petition filed under Sec. 175(3) BNSS on file in Crl.M.P.No.1941 of 2024 and upon perusing the petition and the first respondent's affidavit and on hearing the first respondent's side, has passed the impugned order dtd. 20/12/2024 directing the second respondent police to proceed in accordance with the Chapter XIII of BNSS 2023 and file the final report within the time prescribed by the law. To put it in other way, the learned Magistrate has directed the second respondent police to register a case, to proceed with the investigation and file a final report within the time prescribed by the law. Challenging the above order, the proposed accused have preferred the present revision.

(3.) The learned counsel appearing for the first respondent would raise the maintainability issue that the order passed under Sec. 156(3) Cr.P.C. or 175(3) BNSS directing registration of the case cannot be challenged and relied on a decision of the Hon'ble Supreme Court in HDFC Securities Ltd. and others Vs. State of Maharashtra and another reported in 2016 (4) Crimes 395 (SC),