R.Poomani v. Selvarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Poomani ... Petitioner Vs

1. Selvarajan, Inspector of Police, Rasipuram.

2. Sathiskumar, Sub Inspector of Police, Rasipuram.

3. Jeyakumar, Sub Inspector of Police, Rasipuram.

4. Siva Sub Inspector of Police, Rasipuram.

5. Jeyachandran, Sub Inspector of Police, Rasipuram.

6. Krishnamoorthy, Head Constable, Rasipuram.

7. Arumugam, Police Constable, Rasipuram.

8. Name Unknown, Two Police Constables, Rasipuram.

9. Vijayakumar, Deputy Superintendent of Police, Rasipuram.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the return docket order dated 10.12.2024 and S.Nos.1 and 4 with respect to order dated 29.10.2024 in Crl.M.P.SR.No.4174/2024 on the file of the learned Judicial Magistrate, Rasipuram and direct the learned Judicial Magistrate, Rasipuram to number the petition filed by the petitioner and dispose of the same in accordance with law.

For Petitioner : Mr.P.A.Arvinth Viveks

ORDER

This petition has been filed to set aside the return docket order dated 10.12.2024 and S.Nos.1 and 4 with respect to order dated 29.10.2024 in Crl.M.P.SR.No.4174/2024, on the file of the learned Judicial Magistrate, Rasipuram and direct the learned Judicial Magistrate, Rasipuram to number the petition filed by the petitioner and

dispose of the same in accordance with law.

2. Heard the learned counsel for the petitioner and perused the materials placed on record.

3. A perusal of records revealed that the petitioner had lodged a private complaint as against the Police officials. However, it was returned for one reason or another.

4. Therefore, the petitioner is directed to re-present the complaint within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, after recording the sworn statement of the petitioner and considering any other materials if any, if a cognizable offence is made out against the respondents, the learned Judicial Magistrate, Rasipuram is directed to take cognizance of the complaint lodged by the petitioner and issue summons to the accused in accordance with law.

5. Registry is directed to return the original complaint, forthwith.

6. With the above directions, this Criminal Original Petition stands disposed of.

26.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn Note: Issue order copy on 26.02.2025

To

1. The Judicial Magistrate, Rasipuram.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 26.02.2025