Madras High CourtCRL OP/19524/2018disposed of

Arjunan, Aged 55 Years, v. The State Rep. By

2021-07-07Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.19524 of 2018 and Crl.M.P.No.10343 of 2018 Arjunan ... Petitioner Vs.

The state represented by the Inspector of Police, Yethapur Police Station, Salem District.

... Respondent Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent Police to comply the order passed by the learned Judicial Magistrate No.1, Attur Salem District in Crl.M.P.No.1225 of 2018 dated 12.07.2018 and complete the investigation and file final report in Crime No.35 of 2005.

For Petitioner : Mr.E. Kannadasan For Respondents: Mr.A. Gopinath Government Advocate(Crl. Side)

ORDER

The petitioner has filed this petition under Section 482 of Cr.P.C to comply with the order passed by the learned Judicial Magistrate No.1, Attur, Salem district in Crl.M.P.No.1225 of 2018 dated 12.07.2018 and complete the investigation and final report in Crime No.35 of 2005.

2. Today when the matter was taken up for hearing, the learned Government Advocate submitted that order having already been passed by the Court below this petition is not maintainable under section 482 of Cr.P.C.

3. On perusal of the records reveal that investigation has been ordered by the Trial Court itself and if at all the petitioner is aggrieved he has to approach the Court below and cannot file a petition for enforcing the order passed by the Court below.

4. Recording the above, this petition is disposed of granting liberty to the petitioner to work out his remedy in https://hcservices.ecourts.gov.in/hcservices/

the manner known to law. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar smn To

1. The Judicial Magistrate No.1, Attur, Salm District.

2. -do-Through The Chief Judicial Magistrate, Salem.

3. The Inspector of Police, Yethapur Police Station, Salem District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate SR.No. 31875 Crl.O.P.No.19524 of 2018 and Crl.M.P.No.10343 of 2018 UM(CO) B.VC(05.08.2021) https://hcservices.ecourts.gov.in/hcservices/