Madras High CourtCRL OP/6556/2025dismissed

Mohanasundaram v. The Deputy Superintendent Of Police,

2025-03-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2025

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN Mohanasundaram ....

Petitioner Vs 1.The Deputy Superintendent of Police, O/O. Deputy Superintendent of Police, Thiruvarur Sub-Division, Thiruvarur District.

2.The Inspector of Police, District Crime Branch, Thiruvarur District.

3.Abdul Kalith 4.Jafar ` ....

Respondents Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2025, to direct the 2nd respondent to register the First Information Report against the 3rd and 4th respondents as per the order in Cr.M.P.No.1695 of 2023 dated 13.03.2023 by the learned Judicial Magistrate Court, Thiruvarur.

For Petitioner : Mr.P.Muthamizhselvakumar For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Criminal Side) 1/4

ORDER

This Criminal Original Petition has been filed seeking a direction to the second respondent to register an FIR as against the 3rd and 4th respondents in accordance with the direction issued by the Judicial Magistrate, Thiruvarur in Crl.M.P.No.1695 of 2023 dated 13.03.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the 1st and 2nd respondents and perused the materials available on record.

3. A perusal of the order dated 13.03.2023 passed by the Judicial Magistrate, Tiruvarur in Crl.M.P.No.1695 of 2023 reveals that the second respondent was directed to conduct preliminary enquiry and if necessary, register the FIR and file a report on or before 04.05.2023. As directed by the Judicial Magistrate, Tiruvarur, the second respondent conducted a preliminary enquiry and submitted a report on 05.08.2023 and closed the complaint as civil in nature.

4. In view of the above, the prayer sought for in this petition cannot be considered. Accordingly, this Criminal Original Petition stands dismissed. 07.03.2025 Lpp Index:Yes/No Internet:Yes/No 2/4

To 1.The Judicial Magistrate Court, Thiruvarur 2.The Deputy Superintendent of Police, O/O. Deputy Superintendent of Police, Thiruvarur Sub-Division, Thiruvarur District.

3.The Inspector of Police, District Crime Branch, Thiruvarur District.

4. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN,J.

Lpp 07.03.2025 4/4