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Madras High CourtCRL OP/20023/2020dismissed

P.Manivanan v. The State Rep By Its

2021-01-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.20023 of 2020 P.Manivannan

...Petitioner

.Vs.

The State Rep.by The Inspector of Police, T.11, Thirunindravur Police Station, Thiruvallur District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register the case based on the petitioner complaint dated 27.07.2018, within the stipulated time fixed by this Hon'ble Court.

For Petitioner :

Mr.N.Suriamuthu For Respondent :

Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for a direction to the respondent Police to register an FIR based on the complaint given by the petitioner on 27.07.2018.

2. It is seen from records that the petitioner had already approached the learned Judicial Magistrate No.II, Tiruvallur and filed a petition under Section 156 (3) of Cr.P.C., and the same was dismissed by an order dated 18.07.2019. In the light of such a dismissal, the petitioner cannot maintain the present petition seeking for a direction to the respondent Police to register an FIR based on the complaint given by the petitioner. If the petitioner is aggrieved by the order passed by the learned Judicial Magistrate, he should work https://hcservices.ecourts.gov.in/hcservices/

out his remedy in accordance with law and he cannot file an independent petition under Section 482 of Cr.P.C. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To

1. The Judicial Magistrate-II, Thiruvallur.

2. The Inspector of Police, T.11, Thirunindravur Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Sriyamuthu, Advocate, S.R.No.369 CRL.O.P.No.20023 of 2020 rr ii (03/02/2021) https://hcservices.ecourts.gov.in/hcservices/