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Madras High CourtCRL OP/7545/2021disposed of

Vaiyapuri Shankar v. The Superintendent Of Police

2021-06-18Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.7545 of 2021 Dr.Vaiyapuri Shankar ... Petitioner

Versus

1. The Superintendent of Police, Dharmapuri District.

2. The Deputy Superintendent of Police, Palacode, Dharmapuri District.

3. State of Tamil Nadu, Rep.by The Inspector of Police, (Law & Order) Karimangalam Police Station, Dharmapuri District.

... Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent to comply the order dated 15.02.2021 of Judicial Magistrate Court, Palacode, in Crl.M.P.No.290 of 2021, to register the FIR and to expedite the investigation within a time to be fixed by this Court.

For Petitioner :

Mr.N.Suresh For Respondents :

Mr.A. Damodharan, Government Advocate (Crl.side)

ORDER

This matter is listed today under the caption "for reporting compliance".

2.The petitioner has filed the petition under Section 156

(3) of Cr.P.C., before the Judicial Magistrate, Palacode, in Crl.M.P.No.291 of 2021 sought a direction to direct the respondent/police for registration of FIR and further investigation in this case.

3.On 15.02.2021, the learned Judicial Magistrate, Palacode had directed the Station House Officer, Palacode, Police Station https://hcservices.ecourts.gov.in/hcservices/

to sent a report with regard to the petitioner's complaint forwarded to them. Thereafter, the petitioner has got own interest enquired about his complaint, then he came to know that till date, no enquiry has been conducted, hence, the petitioner sought a direction to expedite investigation, based on the petitioner's complaint, filed this present petition before this Court.

4.The learned Government Advocate (Crl.side) appearing for the respondent would submit that the third respondent received the order of the Judicial Magistrate, Palacode, on receipt of the same, enquiry was conducted, after enquiry, the case has been closed. Furthermore, he submitted that in this case, closure report has also filed on 05.03.2021, before the same trial court. 5.In view of the same, the learned Judicial Magistrate, Palacode is directed to issue a notice to the petitioner and serve a copy of the same and thereafter, the petitioner approach the trial court, if he so desires.

6.With the above observation and direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar klt To 1.The Judicial Magistrate Court, Palacode.

2.The Superintendent of Police, Dharmapuri District. 3.The Deputy Superintendent of Police, Palacode, Dharmapuri District.

4.The Inspector of Police, (Law & Order) Karimangalam Police Station, Dharmapuri District. 5.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.7545 of 2021 GMI(CO) BE(26/07/2021) https://hcservices.ecourts.gov.in/hcservices/