N.Vemal v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2021 CORAM :

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.8453 of 2021 N.Vemal ... Petitioner Vs

1. The Commissioner of Police No.132, Commissioner Office Building, Vepery, Chennai - 600 007.

2. The Inspector of Police, R-5 Virugambakkam Police Station, Virugambakkam, Chennai - 600 093 ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to register the complaint of the petitioner dated 30.01.2021 in view of the order passed by the learned Hon'ble XXIIIrd Metropolitan Magistrate Court at Saidapet in Crl.M.P.No.74 of 2021 in dated 23.02.2021. For Petitioner : Mr.L.Infant Dinesh For Respondents : Mr.A.Damodaran for R1 and R2 Counsel for Govt. of Tamilnadu (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents to register the complaint of the petitioner dated 30.01.2021 in view of the order passed by the learned Hon'ble XXIII Metropolitan Magistrate Court at Saidapet in Crl.M.P.No.74 of 2021 in dated 23.02.2021.

2. It is the contention of the learned counsel for the petitioner that despite the order passed by the learned Metropolitan Magistrate, Saidapet in Crl.M.P.No.74 of 2021, the Police did not take any action with regard to the serious allegations raised in the complaint.

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3. The learned Counsel for Govt. of Tamilnadu (Crl.Side) submitted that as per the direction of the learned Metropolitan Magistrate, Saidapet, the Police investigated the matter and filed a Report before the same Court on 01.05.2021 and the same is yet to be taken on file. Further, he submitted that the proceedings between the petitioner and the proposed accused under Section 138 of Negotiable Instruments Act is pending. Though it is stated by the petitioner that the proceedings under Section 138 of Negotiable Instruments Act is subsequent to the present complaint, this Court is of the view that the Police has filed a Report in compliance of the order passed by the learned Metropolitan Magistrate, Saidapet. It is for the petitioner to proceed further in the manner known to law, if so advised.

4. With the above observations, this criminal original petition is closed. Learned Metropolitan Magistrate, Saidapet shall decide the case on its own merits without being influenced by the observations made by this Court.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar msv To

1. The Commissioner of Police No.132, Commissioner Office Building, Vepery, Chennai - 600 007.

2. The XXIIIrd Metropolitan Magistrate, Saidapet, Chennai.

3. The Inspector of Police, R-5 Virugambakkam Police Station, Virugambakkam, Chennai - 600 093

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.L.Infant Dinesh, Advocate, S.R.No.27373 Crl.O.P.No.8453 of 2021 RSV(CO) CS(19/07/2021) https://hcservices.ecourts.gov.in/hcservices/