Madras High CourtCRL OP/11227/2025disposed of

C.Damodharan v. The Commissioner Of Police

2025-04-16Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN C.Damodharan ... Petitioner Vs

1. The Commissioner of Police, Greater Chennai Police, Commissioner Office Building, Vepery, Chennai - 600 007.

2. State represented by The Inspector of Police, R-2, Kodambakkam Police Station (Crime), Chennai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the second respondent to comply the order dated 26.07.2024 in Crl.M.P.No.8934 of 2024 on the file of the XVII Metropolitan Magistrate, Saidapet.

For Petitioner : Mr.K.Thenrajan For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed for direction directing the second respondent to comply with the order dated 26.07.2024 in Crl.M.P.No.8934 of 2024 on the file of the XVII Metropolitan Magistrate, Saidapet, thereby directing the second respondent to register the FIR.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondents and perused the materials available on record.

3. It is seen that by an order dated 26.07.2024 in Crl.M.P.No.8934 of 2024 the XVII Metropolitan Magistrate, Saidapet, directed the second respondent to register the FIR, if any cognizable offence is made out or to submit the enquiry report within three weeks from the date of the order. Even till today, the second respondent did not even conduct any preliminary enquiry or register the FIR.

4. In view of the above, the second respondent is directed to conduct preliminary enquiry and if any cognizable offence is made out, register the FIR

as against the accused, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is allowed.

16.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The XVII Metropolitan Magistrate, Saidapet,

2. The Commissioner of Police, Greater Chennai Police, Commissioner Office Building, Vepery, Chennai - 600 007.

3. The Inspector of Police, R-2, Kodambakkam Police Station (Crime), Chennai.

4. The Public Prosecutor, High Court, Madras.

16.04.2025