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Madras High CourtCRL OP/7022/2022disposed of

Selvaraj v. The Inspector Of Police

2022-06-14Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.7022 of 2022 Selvaraj

...Petitioner

Vs.

The Inspector of Police, Jayamkondam Police Station, Jayamkondam, Ariyalur District.

...Respondent

PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to register the FIR as directed by the Judicial Magistrate No.I, Jayankondam by order dated on 09.09.2020 in Crl.M.P.No.1035 of 2020 immediately, conduct investigation and file final report.

For Petitioner :

Mr.M.Pari For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct the respondent to register the FIR as directed by the Judicial Magistrate No.I, Jayankondam by order dated on 09.09.2020 in Crl.M.P.No.1035 of 2020 immediately, conduct investigation and file the final report.

2. It is the grievance of the petitioner that despite the order of the learned Judicial Magistrate No.I (FAC), Jayankondam in Crl.M.P.No.1035 of 2020 dated 29.09.2020 passed under Section 156(3) of Cr.P.C to expedite the investigation and complete the same within a period of two months, the respondent police has not completed the investigation within the prescribed period. 3.Heard the learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondent.

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4. Considering the fact that the respondent police has not proceeded further, such action is condemnable. Hence, this Court is of the view that when the complaint indicates any cognizable offences, the respondent police has to act on the basis of the same. They cannot keep the complaint pending. In case the petition is pending, it is the duty of the Investigating Officer to issue notice to the parties and conduct enquiry as directed by the Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)]. If any cognizable offence is made out, the respondent police is bound to register the FIR otherwise they may close the complaint. Such exercise shall be completed within a period of two weeks from today.

5. In view of the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar nr/shk To 1.The Judicial Magistrate - I, Jayamkondam.

2.The Inspector of Police, Jayamkondam Police Station, Jayamkondam, Ariyalur District.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.7022 of 2022 SV(CO) RVM(23/06/2022) https://hcservices.ecourts.gov.in/hcservices/