M.Manikandan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7308 of 2022 M.Manikandan ... Petitioner Vs.

The Inspector of Police, R6 Kumaran Nagar Police Station, Kumaran Nagar, Saidapet, Chennai.

... Respondent PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to register the First Information Report based on the order dated 08.03.2021 in Crl.M.P.No.106 of 2021 passed by XXIII Metropolitan Magistrate, Saidapet, Chennai 15 and investigate the same in accordance with law within specific time frame.

For Petitioner: Mr.G.Peranban For Respondent: Mr.V.Meganathan Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent to register the First Information Report based on the order dated 08.03.2021 in Crl.M.P.No.106 of 2021 passed by XXIII Metropolitan Magistrate, Saidapet, Chennai 15 and investigate the same in accordance with law within specific time frame.

2.When the matter is taken up for hearing, Mr.V.Meganathan, learned Government Advocate (crl. side) would submit that on the direction of learned XXIII Metropolitan Magistrate, Saidapet in Crl.M.P.No.106 of 2021 dated 08.03.2021, preliminary enquiry was conducted following the dictum in Lalita Kumari Vs. Government https://hcservices.ecourts.gov.in/hcservices/

of Uttar Pradesh and others [2014 (2) SCC (1)] by the Hon'ble Apex Court and the same has been closed. He would further submit that the closure report has also been sent to the petitioner.

3. At this juncture, learned counsel for the petitioner would submit that the closure report has not been served on the petitioner.

4.In view of the above, direction is issued to the respondent to furnish the copy of the closure report to the petitioner within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the Petitioner is at liberty to challenge the closure report by filing appropriate protest petition before the jurisdictional Court as per the mandate of Hon'ble Apex Court in the case of "Union Public Service Commission Vs. S.Papaiah and others" reported in (1997) 7 SCC 614.

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

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR shk/sai To 1.The XXIII Metropolitan Magistrate, Saidapet, Chennai.

2.The Inspector of Police, R6 Kumaran Nagar Police Station, Kumaran Nagar, Saidapet, Chennai.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.G.Peranban, Advocate Sr.22017 Crl.O.P.No.7308 of 2022 mt[co] srg 18/04/2022 https://hcservices.ecourts.gov.in/hcservices/