Karate Karrthi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:11.06.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9864 of 2021 Karate Karthi S/o.(Late) Pon.Ramalingam

...Petitioner

Vs.

1. The Commissioner of Police, Greater Chennai, Chennai.

2. The Inspector of Police, CCB Team XXII, Land Grabbing Cell, Chennai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent to comply the order dated 20.04.2021 passed in CMP.No.1926 of 2021 on the file of the Judicial Magistrate No.1, Poonamalle. For Petitioner : Mr.K.Thenrajan For Respondents : Mr.A.Damodaran Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking direction to the second respondent to comply the order dated 20.04.2021 passed in CMP.No.1926 of 2021 on the file of the Judicial Magistrate No.I, Poonamalle.

2.

Heard the learned Counsel for the petitioner and learned Government Advocate (Crl.side) for the respondent police.

3. The petitioner lodged a complaint before the respondent police and filed a petition in CMP. No.1926 of 2021 under Section 156 (3) Cr.P.C., before the learned Judicial Magistrate No.1, Poonamallee, seeking direction to the respondent police to register a case on the complaint filed by the petitioner. The learned Judicial Magistrate by order dated 20.04.2021 directed the second respondent to register a case and investigate the same and file final report. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.side) submitted that in pursuant to the order passed by the learned Judicial Magistrate No.1, Poonamallee, the second respondent conducted enquiry and since no cognizable offence was made out, closed the complaint. Thereafter, the second respondent communicated the closure report to the petitioner.

5. It is seen that though there is a specific direction by the learned Judicial Magistrate to register the complaint lodged by the petitioner, the second respondent conducted enquiry and closed the same as no cognizable offence was made out. Hence, the second respondent is directed to register the case as directed by the learned Judicial Magistrate, No.1, Poonamallee and thereafter conduct the investigation and file final report in accordance with law.

6.

With the above observations and direction, the Criminal Original Petition stands disposed of. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar arr/vv To

1. The Judicial Magistrate No.1, Poonamalle

2. The Commissioner of Police, Greater Chennai, Chennai.

3. The Inspector of Police, CCB Team XXII, Land Grabbing Cell, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1CC to Mr.K.Thenrajan, Advocate, Sr.No.27783 Crl.O.P.No.9864 of 2021 SKY (CO) K.RK.(19.07.2021) https://hcservices.ecourts.gov.in/hcservices/