S.Subbaiyaa v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S. Subbaiyaa ... Petitioner Vs.

1.The Inspector of Police, Law and Order, Royapettah Police Station, Chennai - 600 014.

2.P. Paranjothi 3.P. Kadhirvel .. Respondents Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the first respondent to comply with the order in Crl.M.P. No. 3436 of 2022 dated 24.01.2023 to conduct enquiry and submit report, based on the said direction of the learned XVIII Metropolitan Magistrate, Saidapet, dated 24.01.2023 within a stipulated time as may be fixed this Court. For Petitioner : Mr. J. Agni Selvaraju For Respondents : Mr. A. Gopinath, for R1 Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed for a direction to direct the first respondent to comply with the direction issued by the learned XVIII Metropolitan Magistrate, Saidapet in Crl.M.P. No.3436 of 2022 dated 24.01.2023.

2. The petitioner filed a private complaint under Section 200 of Cr.P.C., to take cognizance on the complaint before the XVIII Metropolitan Magistrate, Saidapet, Chennai. On receipt of the same, the learned Magistrate by an order dated 24.01.2023 directed the first respondent to investigate under Section 202 of Cr.P.C and after issuance of notice to all the parties, directed to file a report on or before 24.02.2023. Accordingly, the first respondent enquired on the complaint and submitted the report on 26.11.2024.

3. On perusal of the report submitted by the first respondent, the petitioner asked not want to take any further action and also not cooperated for enquiry. Therefore, the first respondent submitted a report before the learned Magistrate.

4. However, now the petitioner filed this petition for direction directing the first respondent to comply the order passed by the learned Magistrate and also ready to cooperate with the first respondent for enquiry.

5. In view of the above, the first respondent is directed to proceed with the enquiry and submit report before the XVIII Metropolitan Magistrate, Saidapet, Chennai within a period of four weeks from the date of receipt of copy of this order. It is made clear that if the petitioner failed to cooperate with the first respondent, accordingly the first respondent is directed to close the complaint and submit report before the Magistrate.

6. This Criminal Original Petition is disposed of with the above direction.

12.03.2025 Index : Yes/No : Yes/No AT

G.K.ILANTHIRAIYAN, J.

AT To 1.The XVIII Metropolitan Magistrate, Saidapet, 2.The Inspector of Police, Law and Order, Royapettah Police Station, Chennai - 600 014.

3.The Public Prosecutor, High Court, Madras.

12.03.2025