Madras High CourtCRL OP/7367/2019disposed of

T.A.S.C.Jawahar Ayya v. The Commissioner Of Police

2019-03-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 7367 of 2019 T.A.S.C.Jawahar Ayya .. Petitioner Vs

1. The Commissioner of Police, O/o the Commissioner of Police, Veppery, Chennai - 07.

2. The Inspector of Police, R-3 Police Station, Ashok Nagar, Chennai - 24.

.. Respondent Prayer: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code, to issue direction to the respondents police to register a Criminal Case against CMP No.4367 of 2018 dated 12.09.2018 passed by the XVIIth Metropolitan Magistrate, Saidapet, Chennai based on the complaint dated 20.7.2018 and file the final report, within time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr.K.Gowthaman For Respondent : Mr.C.Raghavan Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to issue direction to the respondents police to register a Criminal Case against CMP No.4367 of 2018 dated 12.09.2018 passed by the XVIIth Metropolitan Magistrate, Saidapet, Chennai based on the complaint dated 20.7.2018.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent.

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 XVIIth Metropolitan Magistrate, Saidapet, Chennai, 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 XVIIth Metropolitan Magistrate, Saidapet, Chennai in CMP No.4367 of 2018 by an order dated 12.09.2018, forthwith.

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

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

1. The Commissioner of Police, O/o the Commissioner of Police, Veppery, Chennai - 07.

2.The XVIIth Metropolitan Magistrate, Saidapet, Chennai.

3.The Inspector of Police, R-3 Police Station, Ashok Nagar, Chennai - 24.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Gowthaman, Advocate, S.R.No.26081 Crl.O.P.No. 7367 of 2019 RRS(03/05/2019) https://hcservices.ecourts.gov.in/hcservices/