R.Samuel v. State Rep.By, The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6672 of 2025 R.Samuel ....

Petitioner Vs State rep. by 1.The Commissioner of Police, Greater Chennai Vepery, Chennai 600 007.

2.The Inspector of Police, Law and Order, P-5 MKB Nagar Police Station, Chennai 600 039.

....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the second respondent to register a FIR based on the order of the learned X Metropolitan Magistrate Court, Egmore, Chennai 600 008 in Crl.M.P.No.60010 of 2024 dated 14.11.2024.

For Petitioner : Mr.U.Yuvaraj For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct the second respondent police to register a case based on the order of the learned X Metropolitan Magistrate Court, Egmore, Chennai in Crl.M.P.No.60010 of 2024 dated 14.11.2024.

2.

The learned counsel appearing for the petitioner submitted that the petitioner lodged a compliant in C.S.R.No.635 of 2023 before the second respondent police alleging that the petitioner's mother-in-law had brutally attacked the petitioner. As a result, the petitioner sustained injuries and received treatment for the same at Government Stanley Hospital, Chennai. Even then, the second respondent did not register a case as against the accused. Therefore the petitioner filed a petition in Crl.M.P.No.60010 of 2024, before the learned X Metropolitan Magistrate Court, Egmore, Chennai and the learned Magistrate by an order dated 14.11.2024, directed the second respondent to register a case and file final report. Even after receipt of the same, the second respondent did not register a case as against the accused person. Therefore it is a fit case for

direction to direct the second respondent to register a case as against the accused person as directed by the learned X Metropolitan Magistrate Court, Egmore, Chennai in Crl.M.P.No.60010 of 2024, by an order dated 14.11.2024. Hence, he prayed to allow this petition. 3.

The learned Government Advocate (Crl. Side) would submit after the direction issued by the learned Magistrate, the complaint is pending for registration.

4.

Heard the learned counsel appearing on either side and perused the materials placed on record.

5.

Considering the above facts and circumstances, this Court directs the second respondent to register a case as against the accused person as directed by the learned X Metropolitan Magistrate Court, Egmore, Chennai, Crl.M.P.No.60010 of 2024, by an order dated 14.11.2024 forthwith and proceed with the investigation in accordance with law.

6.

With the above direction, this Criminal Original Petition is allowed.

10.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order shk

To 1.The Commissioner of Police, Greater Chennai Vepery, Chennai 600 007.

2.The Inspector of Police, Law and Order, P-5 MKB Nagar Police Station, Chennai 600 039.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk Crl.O.P.No. 6672 of 2025 10.03.2025