Madras High CourtCRL OP/4688/2025disposed of

T.Dheenadayalan v. The Commissioner Of Police,

2025-02-20Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN T.Dheenadayalan .....

Petitioner Vs

1. The Commissioner of Police, Office Of Commissioner of Police, Vepery, Chennai - 600 007.

2. The Joint Commissioner of Police, 4th Floor, V-3, Thirumangalam Police Station Complex, Chennai - 600 040.

3. The Deputy Commissioner of Police, O/O. Deputy Commissioner of Police, 6th Avenue P Block, Anna Nagar, Chennai - 600 040.

4. The State Rep.By, The Inspector of Police, K-3, Aminjikarai Police Station, Aminjikarai, Chennai - 600 030.

.....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 4th respondent to comply the order dated 20.12.2024 passed by the V Metropolitan Magistrate, Egmore in Crl.M.P.No.68558 of 2024.

For Petitioner : Mr.M.Vijay Anand For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the fourth respondent to comply with the order passed by the V Metropolitan Magistrate, Egmore in Crl.M.P.No.68558 of 2024.

2. The petitioner lodged a complaint under Section 175(3) r/w 210(a) of Bharatiya Nagarik Suraksha Sanhita, 2023 and the same has been taken on file in Crl.M.P.No.68558 of 2024. By an order dated 20.05.2024, the fourth respondent was directed to conduct preliminary enquiry, and if the prima-facie case is made out, register an FIR, investigate the matter and file a final report.

3. The learned Government Advocate (Crl.Side) would submit that if any prima-facie case is made out during the enquiry, an FIR should be registered. That apart, FIR has already been registered as against the petitioner as well as the counter party.

4. In view of the above, the fourth respondent is directed to

conduct enquiry and submit a report before the V Metropolitan Magistrate, Egmore, Chennai, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition stands disposed of.

20.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Commissioner of Police, Office Of Commissioner of Police, Vepery, Chennai - 600 007.

2. The Joint Commissioner of Police, 4th Floor, V-3, Thirumangalam Police Station Complex, Chennai - 600 040.

3. The Deputy Commissioner of Police, O/O. Deputy Commissioner of Police, 6th Avenue P Block, Anna Nagar, Chennai - 600 040.

4. The Inspector of Police, K-3, Aminjikarai Police Station, Aminjikarai, Chennai - 600 030.

G.K.ILANTHIRAIYAN, J.

Lpp

5. The Public Prosecutor, High Court, Madras.

20.02.2025