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Madras High CourtCRL OP/15422/2020disposed of

P.Santhalingam v. State Rep.By

2020-09-29Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15422 of 2020 P.Santhanalingam, M/A-67 years, S/o.V.K.Periyasamy Gounder, No.645, Raja Street, Coimbatore.

... Petitioner Vs.

1.State represented by The Superintendent of Police, Coimbatore Rural, Coimbatore District.

2.State Represented by The Assistant Commissioner, Land Grabbing Cell, Office of the City Commissioner of Police, Coimbatore.

3.State Represented by The Inspector of Police, Land Grabbing Cell, Coimbatore.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent to register a complaint in view of the order dated 09.09.2019 in C.M.P.5281 of 2019 on the file of the learned Judicial Magistrate No.II, Coimbatore.

For Petitioner : Mr.A.P.Sathyamurty For Respondents: Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the third respondent to register a complaint in view of the order dated 09.09.2019 in C.M.P.5281 of 2019 on the file of the learned Judicial Magistrate No.II, Coimbatore.

2.The learned counsel appearing for the petitioner submitted that the petitioner lodged a complaint as against the accused persons on the file of the District Crime Branch, Coimbatore. Since they did not take any action, the petitioner was constrained to file a complaint before the learned Judicial Magistrate No.II, Coimbatore. On perusal of the documents, the learned Judicial Magistrate No.II, Coimbatore, directed the 3rd respondent to conduct an investigation and to file a detailed report on or before 09.09.2019. Even then, the 3rd respondent did not register any FIR as directed by the learned Magistrate.

3.Heard Mr.A.P.Sathyamurthy, learned counsel for the petitioner and Mr.S.Karthikeyan, learned Additional Public Prosecutor for the respondents.

4.Considering the above submission, the 3rd respondent is directed to register a FIR as directed by the learned Judicial Magistrate No.II, Coimbatore, by an order dated 09.09.2020 in C.M.P.5281 of 2019 forthwith.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gbi To 1.The Superintendent of Police, Coimbatore Rural, Coimbatore District.

2.The Assistant Commissioner, Land Grabbing Cell, Office of the City Commissioner of Police, Coimbatore.

3.The Inspector of Police, Land Grabbing Cell, Coimbatore.

4.The Judicial Magistrate No.II, Coimbatore.

5.Do-Thro-The Chief Judicial Magistrate, Coimbatore.

6.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15422 of 2020 AJS(CO) CB(06/11/2020)