IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. /2026 [Arising out of SLP (Crl.) No.2086/2026]
A. THANIKAJALAM APPELLANT
VERSUS
THE INSPECTOR OF POLICE METTUR POLICE STATION AND ORS. RESPONDENTS
O R D E R
1. Leave granted.
2. The appeal is directed against the order dated 04th
February, 2025, passed by the High Court of Judicature at
Madras1 while allowing a petition for revision2 presented
before it by the respondent.
3. A learned Judge of the High Court while setting aside the
order of the relevant Magistrate refusing to direct the police to
register a First Information Report (FIR) has, in exercise of
revisional jurisdiction, directed (i) registration of an FIR; and
(ii) filing of charge-sheet within three months.
4. Appellant happens to be the accused. He was not
impleaded in the revisional application before the High Court
as a respondent. The impugned order was, thus, passed
behind his back.
5. We are surprised that in exercise of revisional
1 High Court 2 CRLRC No.224/2025
https://www.sci.gov.in/cause-list/?view_case_details=1&diary_no=74553&diary_year=2025
jurisdiction, the High Court proceeded to pass the order
impugned without even putting the accused-appellant on
notice. The order impugned is contrary to the statutory
mandate in section 401(2) of the Code of Criminal Procedure,
1973 and, thus, cannot...