Rajasekaran v. District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2025

CORAM:

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

1.The District Superintendent of Police Cuddalore District Cuddalore.

2.The Sub Inspector of Police Thittagudi Police Station Cuddalore District Crime No.55 of 2025 ... Respondents PRAYER: The Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 2nd respondent to club together the FIR in Crime No.55 of 2025, and counter complaint CSR No.129 of 2025 to conduct investigation simultaneously in accordance with law.

For Petitioner : Mr.M.Velmurugan For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking a direction to the second respondent to club together the FIR in Crime No.55 of 2025, and counter complaint in CSR No.129 of 2025 to conduct investigation simultaneously in accordance with law.

2. On the complaint lodged by the defacto complainant, the second respondent has registered an FIR in Cr.No.55 of 2025 for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS. The alleged occurrence took place on 01.03.2025. The petitioner has also lodged a complaint for the very same occurrence and on receipt of the same, the petitioner was issued C.S.No.124 of 2025. So far, only one FIR has been registered as against the petitioner. The complaint lodged by the petitioner is also pending for enquiry.

3. Only after the registration of an FIR, the investigation will arise and before the registration of FIR, it cannot be clubbed together for simultaneous investigation as contemplated under Police Standing Order

566. Therefore, the direction sought for in this petition cannot be granted and the petition is liable to be dismissed.

4. Accordingly, this Criminal Original Petition is dismissed. However, the second respondent is directed to complete the enquiry and dispose of the complaint lodged by the petitioner within a period of two weeks from the date of receipt of a copy of this order. 21.03.2025 Vv To 1.The District Superintendent of Police Cuddalore District Cuddalore.

2.The Sub Inspector of Police Thittagudi Police Station Cuddalore District 3.The Public Prosecutor High Court of Madras Chennai.

G.K.ILANTHIRAIYAN, J.

Vv 21.03.2025