Madras High CourtCRL OP/7840/2025disposed of

Mr.Anandharaj v. State Of Tamil Nadu Rep.By

2025-03-18Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2025

CORAM:

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

1. State of Tamil Nadu Rep.By The Superintendent of Police, Office of Superintendent of Police, Perambalur.

2. The Inspector of Police, Perambalur Town Police Station, Perambalur.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent police to register the F.I.R. on the complaint dated 16.06.2024, investigate the matter, and file the file report as per the order dated 06.11.2024 passed in Crl.M.P.No.2359 of 2024 on the file of the Learned Judicial Magistrate No.1 at Perambalur.

For Petitioner : Mr.V.Johnson Yuvaraj For Respondents : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed for direction directing the respondent police to register the F.I.R. on the complaint dated 16.06.2024 and investigate the matter and file the file report as per the order dated 06.11.2024 passed in Crl.M.P.No.2359 of 2024 on the file of the Learned Judicial Magistrate No.1 at Perambalur.

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

3. The petitioner lodged a complaint under Section 200 of Cr.P.C and sought for direction under Section 175 (3) of BNSS in Crl.M.P.No.2359 of 2024 on the file of the Judicial Magistrate I, Perambalur. The learned Magistrate forwarded the complaint to the second respondent to conduct preliminary enquiry if any cognizable offence is made out, directed to register FIR. However, even after the specific direction, the second respondent did not even conduct any enquiry and failed to register the FIR so far.

4. In view of the above, the second respondent is directed to complete

the preliminary enquiry on the complaint lodged by the petitioner, within a period of two weeks from the date of receipt of a copy of this order and if any cognizable offence is made out, register the FIR and proceed in accordance with law.

5. With the above directions, this Criminal Original Petition stands disposed of.

18.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Judicial Magistrate No.1 at Perambalur.

2. The Superintendent of Police, Office of Superintendent of Police, Perambalur.

3. The Inspector of Police, Perambalur Town Police Station, Perambalur.

4. The Public Prosecutor, High Court, Madras.

18.03.2025