Madras High CourtCRL OP/11634/2025allowed

T.R.Umeshkumar v. State Rep.By, The Superintendent Of Police

2025-04-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN T.R.Umeshkumar ... Petitioner Vs

1. The Superintendent of Police, Chengalpattu District.

2. The Deputy Superintendent of Police, District Crime Branch, Chengalpattu District.

3. The Inspector of Police, District Crime Branch, Chengalpattur District.

... Respondents Prayer: Criminal Original Petition filed under 528 of BNSS., 2023, to direct the third respondent to register an FIR based on the petitioner's complaint dated 01.11.2022 in accordance with the order passed by the learned Judicial Magistrate No.II, Chengalpattu in Crl.M.P.No.867 of 2025 dated 08.04.2025 and to commence and carry out a fair investigation into the alleged cognizable offences, as mandated by BNSS.

For Petitioner : Mr.C.Iyyappa Raj For Respondents : Mr.A.Gopinath, Govt. Advocate (Crl. Side)

ORDER

This petition has been filed to direct the third respondent to register an FIR based on the petitioner's complaint dated 01.11.2022 in accordance with the order passed by the learned Judicial Magistrate No.II, Chengalpattu in Crl.M.P.No.867 of 2025 dated 08.04.2025.

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

3. On a perusal of the order dated 08.04.2025 in Crl.M.P.No.867 of 2025, it is revealed that the learned Judicial Magistrate No.II, Chengalpattu directed the third respondent to investigate the case and proceed in accordance with law. However, so far, the third respondent has not conducted any enquiry and also failed to register any First Information Report.

4. In view of the above, the third respondent is directed to register the First Information Report forthwith, as directed by the learned Judicial Magistrate No.II, Chengalpattu in Crl.M.P.No.867 of 2025, and proceed with the investigation against the accused.

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

17.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv To

1. The Superintendent of Police, Chengalpattu District.

2. The Judicial Magistrate No.II, Chengalpattu.

3. The Deputy Superintendent of Police, District Crime Branch, Chengalpattu District.

4. The Inspector of Police, District Crime Branch, Chengalpattur District.

5. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, kv 17.04.2025