Murugesan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:14.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Murugesan ... Petitioner Vs.

1. The Superintendent of Police, Salem District.

2. The State rep by its Inspector of Police, Sankari Police Station, Salem District.

3. Sathishkumar

4. Jayapriya

5. Ramasamy

6. Bharath @ Bharathkumar

7. Raj

8. Thambi @ Palaniyappan

9. Sentil @ Senthilkumar

10. Ramachandran

11. Sarasu ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to issue direction to direct the second respondent to register the First Information Report as per the order of the learned Judicial Magistrate No.1, Sankari, in Crl.M.P.No.496 of 2024 dated 13.03.2024.

For Petitioner : Mr.M.Guruprasad For Respondents For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)

O R D E R

This petition has been filed for direction to direct the second respondent to comply the order dated 13.03.2024, passed by the learned Judicial Magistrate No.1, Sankari, in Crl.M.P.No.496 of 2024, thereby directed the second respondent to register the FIR. 2.

On the complaint lodged by the private respondent viz., the fourth respondent, the second respondent registered a FIR as against the petitioner in Crime No.188 of 2023 for the offences under Sections 294(b), 324, 506(ii) of IPC. However, for the very same occurrence, the petitioner also lodged complaint and the same was not registered by the second respondent.

3.

Therefore, the petitioner constrained to file a private complaint before the learned Judicial Magistrate No.1,Sankari, in Crl.M.P.No.469 of 2024 and the learned Magistrate by an order dated 13.03.2024 directed the second respondent to conduct preliminary

enquiry and if any cognizable offence is made out, register the FIR and also file final report. However, the second respondent did not conduct any preliminary enquiry and no report has been filed. 4.

Considering the above facts and circumstances, the second respondent is directed to comply the order dated 13.03.2024, passed by the learned Judicial Magistrate No.1, Sankari, in Crl.M.P.No.496 of 2024, within a period of two weeks from the date of receipt of a copy of this Order.

5.

With the above directions, the Criminal Original Petition stands disposed of.

14.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To

1. Judicial Magistrate No.1, Sankari,

2. The Superintendent of Police, Salem District.

3. The State rep by its Inspector of Police, Sankari Police Station, Salem District.

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

14.02.2025