Harkeerat Singh Suri v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.916 of 2025 & Crl.M.P.No.12383 of 2025

1. Harkeerat Singh Suri

2. Damam Singh Suri

3. Tejinder Kaur Suri

4. Jasleen Kaur Suri ... Petitioners Vs

1. The Commissioner of Police, Periamet, Chennai

2. The Assistant Commissioner of Police, T.Nagar, Chennai - 17

3. The Inspector of Police, E-3, Teynampet Police Station, Teynampet, Chennai

4. Syed Babibulla ... Respondents PRAYER: Criminal Revision Petition is filed under Sections 438 & 442 of BNSS Act to set aside the order dated 28.01.2025 in Crl.M.P.No.24306 of 2024 on the file of XVIII Metropolitan Magistrate Court, Saidapet and pass further orders For Petitioner : Mr. Prakash Goklaney For Respondents : Mr. S.Raja Kumar Additional Public Prosecutor

O R D E R

This revision has been preferred as against the order passed in Criminal M.P.No.24306 of 2024 dated 28.01.2025, wherein the learned XVIII Metropolitan Magistrate, Saidapet directed the respondents-police to conduct an enquiry on the complaint lodged by the 4th respondent and if any cognizable offence is made out, to register the FIR and file a final report.

2. The learned counsel for the petitioner would submit that though the 4th respondent lodged complaint on two occasions, on both the complaints, enquiry was conducted and the same were closed. Even then, the 4th respondent filed a complaint and sought for a direction under Section 175 (3) of Cr.P.C., and the trial court mechanically ordered to conduct enquiry and directed the 3rd respondent to conduct enquiry, thereby pleaded to allow the present petition.

3. The learned Additional Public Prosecutor appearing for the respondents submitted that as per the directions issued by the learned XVIII Metropolitan Magistrate, Saidapet, the 3rd respondent issued summons to the petitioner as well as to the 4th respondent, however, both are not cooperating for enquiry.

4. Heard the learned counsels on either side and perused the documents placed on record.

5. Considering the above said facts and circumstances of the case, the 3rd respondent is hereby directed to issue notice to the petitioner as well as the 4th respondent and thereafter, conduct enquiry, if any cognizable offence is made out, register FIR and if not, dispose of the complaint and file a final report before the learned XVIII Metropolitan Magistrate, Saidapet, within a period of two weeks from the date of issuance of fresh notice to the petitioner and the 4th respondent.

6. In view of the above, this petition is disposed of. Consequently, connected miscellaneous petition is closed.

30.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order ssd

G.K.ILANTHIRAIYAN, J.

ssd To

1. The XVIII Metropolitan Magistrate Court, Saidapet,

2. The Commissioner of Police, Periamet, Chennai

3. The Assistant Commissioner of Police, T.Nagar, Chennai - 17

4. The Inspector of Police, E-3, Teynampet Police Station, Teynampet, Chennai

5. The Public Prosecutor, Madras High Court, Chennai.

Crl.R.C.No. 916 of 2025 30.06.2025