S.R.Nallasivam v. State By The Superintendernt Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.R.Nallasivam .....
Petitioner Vs State By
1. The Superintendent of Police Namakkal District, Namakkal.
2. The Inspector of Police Economic Offence Wing, Namakkal , Namakkal District
3. The Inspector of Police District Crime Branch, Namakkal, Namakkal District.
.....
Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, directing the 3rd respondent police to submit report before the Judicial Magistrate -II, Namakkal after conducting proper investigation so enable the learned Judicial Magistrate -II, Namakkal to pass appropriate orders. For Petitioner : Mr.C.Prakasam For Respondents : Mr.R.Vinothraja Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed seeking a direction to the third respondent to submit a report before the Judicial Magistrate No.II, Namakkal after conducting enquiry.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner lodged a private complaint and also sought a direction under Section 156(3) of Cr.P.C. in CMP.No.929 of 2019. The Trial Court, by an order dated 20.09.2019, directed the third respondent to conduct a preliminary enquiry and submit a report.
4. On instructions, the learned Government Advocate (Crl.Side) for the respondents police submitted that the third respondent has already conducted an enquiry and closed the complaint, since no prima-facie case was made out to register an FIR. However, so far, the report has not yet been filed before the concerned Court.
5. In view of the above, the third respondent is directed to submit the report before the Judicial Magistrate No.II, Namakkal, within a period of four (4) weeks from the date of receipt of a copy of this order.
6. With the above direction, this Criminal Original Petition stands disposed of.
03.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To
1. The Superintendent of Police Namakkal District, Namakkal.
2. The Inspector of Police Economic Offence Wing, Namakkal , Namakkal District
3. The Inspector of Police District Crime Branch, Namakkal, Namakkal District.
4. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
Lpp Crl.O.P.No. 9934 of 2025 03.04.2025