Madras High CourtCRL OP/704/2019disposed of

G.Manju v. The State Represented By

2019-01-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2018

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P. No.704 of 2019 G.Manju ... Petitioner .vs.

The State represented by the Inspector of Police, W-19, All Women Police Station, Adyar, Chennai-600 020.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, seeking to direct the respondent police to register a case based on petitioner's complaint dated 11.06.2018 and on the orders of the Metropolitan Magistrate dated 19.12.2018 in Crl.M.P.No.4216 of 2018.

For Petitioner : Mr.C.Arun Kumar For Respondent : Mr.M.Mohamed Riyaz, APP

ORDER

The Criminal Original Petition has been filed to direct the respondent police to register a case based on petitioner's complaint dated 11.06.2018 and on the orders of the Metropolitan Magistrate dated 19.12.2018 in Crl.M.P.No.4216 of 2018.

2. The learned counsel appearing for the petitioner would submit that an order was passed by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, 19.12.2018, directing the respondent to register an F.I.R based on the complaint given by the petitioner. According to the learned counsel appearing for the petitioner, till date, the respondent Police have not registered an F.I.R. Therefore, this petition has been filed seeking for a direction to the respondent Police to register an F.I.R.

3.This Court has already given detailed guidelines to the Police in the entire State of Tamil Nadu in the Division Bench Judgment in CrlOP(MD)No.13681 of 2018, wherein the Police is duty bound to register an F.I.R. wherever an order is passed by the learned Magistrate under Section 156(3) Cr.P.C. If an F.I.R. is not registered even pursuant to the order passed by the learned Magistrate under Section 156(3), departmental action will have to be taken against the Police for disobedience of the order passed by this Court.

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4.In the facts and circumstances of the case, the second respondent is directed to register an F.I.R. Immediately. 5.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kal To 1.The Inspector of Police, W-19, All Women Police Station, Adyar, Chennai-600 020.

2.The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.C.Arunkumar, Advocate, S.R.No.4807 Crl.O.P. No.704 of 2019 rrs 04/02/2019 https://hcservices.ecourts.gov.in/hcservices/