S.B.M.Gowdhaman v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17011 of 2019 S.B.M.Gowdhaman

...Petitioner

-VsState represented by The Inspector of Police J-1, Saidapet Police Station, Chennai.

...Respondent

Prayer: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the respondent Police to register F.I.R based on the petitioner's complaint dated 17.11.2018 (C.S.R.No.430/2018) and further to conduct investigation fairly in accordance with law. For Petitioner : Mr.Meganathan V.

For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for directing the respondent Police to register F.I.R based on the petitioner's complaint dated 17.11.2018 (C.S.R.No.430/2018) and further to conduct investigation fairly in accordance with law.

2. Mr.C.Martin Premraj, the Inspector of Police, Saidapet, is present before this Court.It is reported that the respondentPolice have conducted an enquiry based on the complaint and have closed the complaint. This was not brought to the notice of the learned IX Metropolitan Magistrate Court, Saidapet, when he passed the order under Section 156(3) Crpc. In view of this development, the respondent-Police is not in a position to register the F.I.R in this case.

3. Accordingly, this Criminal Original Petition is disposed of, with a direction to the respondent-Police to submit the report before the learned IX Metropolitan Magistrate Court, Saidapet, within a period https://hcservices.ecourts.gov.in/hcservices/

of one week from the date of receipt of a copy of this order. On receipt of such report, the learned IX Metropolitan Magistrate Court, Saidapet, shall proceed further in accordance with law. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sni To 1.

The IX Metropolitan Magistrate, Saidapet, Chennai.

2.

Do Through The Chief Metropolitan Magistrate, Chennai.

3.

State represented by The Inspector of Police J-1, Saidapet Police Station, Chennai.

4.

The Public Prosecutor, High Court, Madras-104.

+1cc to Mr.Meganathan V., Advocate, S.R.No.59446 Crl.O.P.No.17011 of 2019 KK(CO) CS/22/08/2019 https://hcservices.ecourts.gov.in/hcservices/