Madras High CourtCRL OP/6313/2019disposed of

Elumalai v. The Commissioner Of Police

2019-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6313 of 2019 Elumalai ... Petitioner Vs.

1. The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai.

2. The Inspector of Police, M2 Madhavaram Milk Colony Police Station, Chennai City.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent herein to register a case in pursuance of the petitioner's complaint dated 31.08.2018 and the order passed by the Judicial Magistrate, Tiruvottiyur dated on 02.02.2019 in CMP No.7622 of 2018 subsequently directs to investigate the matter in accordance with law.

For Petitioner : Mr.M.Subash For Respondents: Mr.C.Raghavan Government Advocate(Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent herein to register a case in pursuance of the petitioner's complaint dated 31.08.2018 and the order passed by the Judicial Magistrate, Tiruvottiyur dated on 02.02.2019 in CMP No.7622 of 2018 subsequently directs to investigate the matter in accordance with law. 2.

Heard the learned counsel for the petitioner and the learned Government Advocate(Criminal Side) for the respondents.

3. The learned Government Advocate (Crl. Side) would submit that the petitioner has filed a petition under Section 156(3) of Cr.P.C pending before the respondents. https://hcservices.ecourts.gov.in/hcservices/

4. It is seen that the complaint has been filed by the petitioner before the the respondents police and on receipt of the same they have not taken any steps. Thereafter, the petitioner approached the Court below, the learned Judicial Magistrate, Tiruvottiyur, has passed a positive direction to the petitioner. Till now, the respondents have not taken any steps. Hence, the present petition.

5. Considering the facts and circumstances of the case, this Court directs the respondents to register the case as directed by the learned Judicial Magistrate, Tiruvottiyur in CMP No.7622 of 2018 by an order dated 02.02.2019, forthwith.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ssr/at To

1. The Judicial Magistrate, Tiruvottiyur.

2. The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai.

3. The Inspector of Police, M2 Madhavaram Milk Colony Police Station, Chennai City.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 6313 of 2019 RRS(03/05/2019) https://hcservices.ecourts.gov.in/hcservices/