Madras High CourtCRL OP/9557/2025disposed of

J. Aneez v. The Inspector Of Police,

2025-04-01Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN J.Aneez ... Petitioner Vs The Inspector of Police, Entrustment Document Fraud Wing, Central Crime Branch, Tambaram Commissionerate, Sholinganallur, Chennai - 600 119.

... Respondent Prayer:Criminal Original Petition filed under 528 of BNSS., 2023, to direct the respondent to register the complaint of the petitioner dated 12.04.2021 in view of the order dated 01.10.2024 in Crl.M.P.No.1049 of 2024 on the file of the learned Judicial Magistrate No.I, Tambaram and take necessary legal action as per law.

For Petitioner : Ms.R.Prabhavathy For Respondent : Mr.A.Gopinath, Govt. Advocate (Crl. Side)

ORDER

This petition has been filed to direct the respondent to register the complaint of the petitioner dated 12.04.2021, as directed by the learned Judicial Magistrate No.I, Tambaram, by order dated 01.10.2024 in Crl.M.P.No.1049 of 2024.

2. Heard the learned counsel for both sides and perused the materials available on record.

3. The petitioner filed a petition in Crl.M.P.No.1049 of 2024 under Section 175(3) of Cr.P.C., seeking to register an FIR before the learned Judicial Magistrate No.I, Tambaram. Thereafter, by order dated 01.10.2024, the learned Judicial Magistrate No.I, Tambaram directed the respondent to conduct a preliminary investigation in accordance with law, and if during the investigation any cognizable offence is made out, the respondent Police is directed to register the First Information Report. However, so far, the respondent Police did not complete the preliminary investigation.

4. In view of the above, the respondent Police is directed to conduct a

preliminary enquiry, as directed by the learned Judicial Magistrate No.I, Tambaram, and if any cognizable offence is made out, the respondent Police is directed to register the First Information Report and proceed in accordance with law as against the accused persons within a period of four weeks from the date of receipt of a copy of this order.

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

01.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv To

1. The Inspector of Police, Entrustment Document Fraud Wing, Central Crime Branch, Tambaram Commissionerate, Sholinganallur, Chennai - 600 119.

2. The Judicial Magistrate No.I, Tambaram.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, kv 01.04.2025