Manikandan Pandiyan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Manikandan Pandiyan ... Petitioner

Versus

State Rep. by, The Inspector of Police, Mannargudi Town Police Station, Thiruvarur - 614001.

... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent to file the complaint dated 12.11.2024 and register the First Information Report in pursuance of order passed in Crl.M.P.No.41 of 2025 on the file of the Judicial Magistrate - I, Mannargudi, within a time frame as fixed by this Court.

For Petitioner : Mr. S. Nirmal Aditya For Respondent : Mr. A. Gopinath, Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent to take the complaint dated 12.11.2024 on file and to register the First Information Report, in pursuance of order passed in Crl.M.P.No.41 of 2025 on the file of the Judicial Magistrate - I, Mannargudi, within a time frame as fixed by this Court.

2. The petitioner lodged a complaint before the respondent and the same was not considered for enquiry. Therefore, the petitioner was constrained to file a private complaint and sought a direction under Section 156(3) of the Criminal Procedure Code, 1973 (Cr.P.C.,) in Crl.M.P.No.41 of 2025 before the Judicial Magistrate No.1, Mannargudi. The learned Judge, by order dated 29.01.2025, directed the respondent to conduct a preliminary enquiry and if any congnizable offence is made out, register a First Information Report and proceed investigation in accordance with law. However, so far, the respondent has not taken any action against the petitioner's complaint, as directed by the learned Judicial Magistrate. Therefore, the petitioner has been constrained to file the present petition before this Court.

3. Heard the learned counsel for the petitioner and the learned

Government Advocate (Criminal side) appearing for the respondent, and also perused the materials available on record.

4. In view of the above, this Court directs the second respondent to conduct an enquiry on the petitioner's complaint and, if any cognizable offence is made out, proceed further to register a First Information Report within a period of two weeks from the date of receipt of a copy of this order.

5. With the above directions and observations, the Criminal Original Petition is disposed of.

28.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order klt G.K.ILANTHIRAIYAN, J.

klt To 1.The Inspector of Police, Mannargudi Town Police Station, Thiruvarur - 614001.

2.The Public Prosecutor, High Court, Madras.

3. The Judicial Magistrate - I, Mannargudi 28.03.2025