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Madras High CourtCRL OP/13014/2020allowed

V.Krishnan v. State Rep By,

2020-08-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13014 of 2020 V.Krishnan S/o Late Varadappa Gounder No.68-A3, Ayyan Thottam Kumarapalayam Taluk Namakkal District.

... Petitioner Vs.

State Rep by The Inspector of Police District Crime Branch Dharmapuri.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondent to register the private complaint forwarded on 20.01.2020 in pursuance of the order passed by the learned Judicial Magistrate No.2, Dharmapuri under Section 156 (3) Cr.P.C., in C.M.P.No.262 of 2020 filed by the petitioner.

For Petitioner : Mr.G.Ravikumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

The Criminal Original Petition has been filed to direct the respondent to register the private complaint forwarded on 20.01.2020 in pursuance of the order passed by the learned Judicial Magistrate No.2, Dharmapuri under Section 156 (3) Cr.P.C., in C.M.P.No.262 of 2020 filed by the petitioner. 2.The learned counsel for the petitioner would submit that the petitioner herein, originally submitted the complaint before the respondent police herein. Even then, the respondent police did not take any action as against the complaint and as such he filed a private complaint before the Judicial Magistrate No.2, Dharmapuri. After considering the facts and circumstances of the case and also the allegations made in the complaint, the learned Judicial Magistrate No.2, Dharmapuri, directed the respondent to 1/4 https://hcservices.ecourts.gov.in/hcservices/

register the case and file the final report on or before 20.02.2020, on the complaint lodged by the petitioner herein, by order dated 20.01.2020 in C.M.P.No.262 of 2020. 3.In view of the submission made by the learned counsel for the petitioner and also the facts and circumstances of the case, the respondent police is directed to register the case and investigate the matter further, as directed by the learned Judicial Magistrate No.2, Dharmapuri, in C.M.P.No.262 of 2020 dated 20.01.2020, as against the accused persons within a period of two weeks from the date of receipt of a copy of this order. 4.With the above direction, the Criminal Original Petition is allowed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar jer To 1.The Judicial Magistrate No.2 Dharmapuri 2.The Inspector of Police District Crime Branch Dharmapuri.

3.The Public Prosecutor High Court of Madras.

+1 cc to M/s.G.Ravikumar Advocate sr27671 Crl.O.P.No.13014 of 2020 rld(co) aa09/10/2020 2/4 https://hcservices.ecourts.gov.in/hcservices/