Madras High CourtCRL OP/7090/2025disposed of

K.Rajendran v. The Inspector Of Police,

2025-03-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K. Rajendran ... Petitioner Vs.

The Inspector of Police, K-8, Arumbakkam Police Station, Arumbakkam, Chennai - 600 106.

.. Respondent Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the report of the respondent police and register the FIR in compliance to the order dated 14.06.2024 passed in Crl.M.P.No.20466 of 2024 by the learned V Metropolitan Magistrate Court, Egmore, Chennai and thereby register FIR and investigate the matter in accordance with law. For Petitioner : Mr. S.L. Sudarsanam For Respondent For R1 : Mr. A. Gopinath, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to set aside the report submitted by the respondent dated 25.11.2024 in Crl. M.P. No. 20466 of 2024 on the file of the V Metropolitan Magistrate Egmore, Chennai.

2. The petitioner lodged complaint under Section 200 of Cr.P.C., before the V Metropolitan Magistrate Egmore, Chennai in Crl. M.P. No. 20466 of 2024. The learned Magistrate by an order dated 14.06.2024 directed the respondent to conduct preliminary investigation and if the prima facie case is made out, proceed in accordance with law. As directed by the Magistrate, the respondent conducted detailed enquiry and found that there is no prima facie case made out to register any FIR for further investigation.

3. Accordingly, the respondent filed report on 25.11.2024 before the Judicial Magistrate. However, no final order has been passed by the Magistrate. Therefore, the petitioner is at liberty to file objections before

the V Metropolitan Magistrate Egmore, Chennai and the learned Magistrate is directed to pass orders whether to accept the report submitted by the respondent or to conduct enquiry by considering the objections raised by the petitioner.

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

12.03.2025 Index : Yes/No : Yes/No AT

G.K.ILANTHIRAIYAN, J.

AT To 1.The V Metropolitan Magistrate Egmore, Chennai 2.The Inspector of Police, K-8, Arumbakkam Police Station, Arumbakkam, Chennai - 600 106.

3.The Public Prosecutor, High Court, Madras.

12.03.2025