Madras High CourtCRL OP/11411/2021dismissed

S.David Nirmal Raj v. The Commissioner Of Police

2021-07-02Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.11411 of 2021 S.David Nirmal Raj ... Petitioner

Versus

1. The Commissioner of Police Greater Chennai No.132, Commissioner Office Building EVK Sampath Road, Vepery, Chennai 600 007.

2. The Deputy Commissioner of Police Madhavaram GNT Road, Near Madhavaram Bus Depot Chennai 600 060.

3. The Assistant Commissioner of Police Madhavaram GNT Road, Puzhal, Chennai 600 066.

4. The Inspector of Police M-3, Puzhal Police Station (Crime Branch) Puzhal, Chennai 600 066.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the fourth respondent police to register an FIR on the petitioner's complaint dated 10.10.2019 against the accused as per the order made in CMP.No.434 of 2020 dated 05.11.2020 by the learned Judicial Magistrate Court at Madavaram, investigate the same and file a final report within a period to be fixed by this Court. For Petitioner : M/s.Arulselvam Associates For Respondents : Mr.S.Vinoth Kumar for Public Prosecutor

ORDER

This petition has been filed to direct the fourth respondent police to register an FIR on the petitioner's complaint dated 10.10.2019 against the accused as per the order made in CMP.No.434 of 2020 dated 05.11.2020 by the learned Judicial Magistrate Court at Madavaram, investigate the same and file a final report within a period to be fixed by this Court.

2. The petitioner lodged a compliant to the fourth respondent on 10.10.2019. Since no action was taken, he had filed a petition in CMP.No.434 of 2020 under Section 156(3) Cr.P.C., before the Judicial Magistrate Court, Madavaram. Even after the order made in the said petition on 05.11.2020, the respondent police has no acted upon and failed to register the First Information Report.

3. The learned Government Advocate (Crl.Side) has submitted that on receipt of the direction of the Judicial Magistrate Court, Madavaram, in the petition filed under Section 156(3) of Cr.P.C., the fourth respondent has registered a case in Crime No.469 of 2021, for the offence under Sections 418 and 420 of IPC. In view of the same, nothing survives for adjudication in this petition.

4. Recording the same, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dna To

1. The Judicial Magistrate, madavaram, Chennai.

2. The Commissioner of Police Greater Chennai No.132, Commissioner Office Building EVK Sampath Road, Vepery, Chennai 600 007.

3. The Deputy Commissioner of Police Madhavaram GNT Road, Near Madhavaram Bus Depot Chennai 600 060.

4. The Assistant Commissioner of Police Madhavaram GNT Road, Puzhal, Chennai 600 066.

5. The Inspector of Police M-3, Puzhal Police Station (Crime Branch) Puzhal, Chennai 600 066.

6. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.11411 of 2021 PCH(CO) HS(02/08/2021)