R.Shanthi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.15150 of 2019 R.Shanthi ... petitioner Vs.

The State Represented by, The Inspector of Police (Law and Order), E-3, Saravanampatti Police Station, Saravanampatti Post, Coimbatore - 35.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to direct the respondent police to register the complaint of the petitioner dated 01.04.2019 based on the order passed by the Judicial Magistrate - II, Coimbatore made in C.M.P.No.7415 of 2019 dated 29.05.2019 and take action in accordance to law.

For Petitioner : M/s.W.Camyles Gandhi For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the respondent police to register the complaint given by the petitioner based on the order passed by the Court below.

2. It is seen from the order that the learned Magistrate has already taken cognizance of the complaint and has ordered for a report from the police under Section 202 of Cr.P.C. Under such circumstances, the police cannot register an FIR, since Section 156(3) of Cr.P.C, arises at the stage prior to take cognizance. In view of the above, no further orders can be passed by this Court.

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3. This Criminal Original Petition is disposed of with a above direction.

Sd/- Deputy Registrar(CJ.Conf) //True copy// Sub Assistant Registrar ub To 1.The Inspector of Police (Law and Order), E-3, Saravanampatti Police Station, Saravanampatti Post, Coimbatore - 35.

2.The Public Prosecutor, High Court, Madras.

+1cc to M/s.W.Camyles Gandhi, Advocate SR.No.54215 Crl.O.P.No.15150 of 2019 VP(CO) GMY(19/07/2019) https://hcservices.ecourts.gov.in/hcservices/