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Madras High CourtCRL OP/20595/2021disposed of

D.Amsa v. State Rep.By

2022-06-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.NO. 20595 OF 2021 D.Amsa

...Petitioner / Defacto

Complainant Vs.

1.State rep. by The Superintendent of Police.

Thiruvanamalai, Thiruvannamalai District.

2.State rep. by The Sub Inspector of Police, Kilkondungalur Police Station, Thiruvannamalai District.

...Respondents / Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent Police to register a case on the petitioner's complaint dated 24.12.2020 given before the 2nd respondent Police as per the order of direction dated 06.05.2021 passed by the Judicial Magistrate, Vandavasai and to investigate the same in accordance with law.

For Petitioner :

Mr.V.R.Appaswamee For Respondents :

Mr.L.Baskaran Government Advocate (Crl. side)

O R D E R

This Criminal Original Petition has been filed to direct the second respondent Police to register a case on the petitioner's complaint dated 24.12.2020 and the order of direction dated 06.05.2021 passed by the Judicial Magistrate in Crl.M.P.1099 of 2021.

2. The petitioner lodged a complaint before the second respondent police and the same has not been considered. Therefore, the petitioner was constrained to file a petition before the Judicial Magistrate Court, Vandavasai, for a https://hcservices.ecourts.gov.in/hcservices/

direction under Section 156 (3) of Cr.P.C to register the complaint.

3. The learned Judicial Magistrate passed an order in Crl.M.P.No.1099 of 2021, directing the second respondent to conduct the enquiry on the complaint lodged by the petitioner and complete the same within a period of two months. Even till today, the second respondent did not register any FIR and simply kept the order pending.

4. Considering the above facts and circumstances, the second respondent is hereby directed to register FIR as directed by the learned Judicial Magistrate, Vandavasai in Crl.M.P.No.1099 of 2021 dated 06.05.2021 within the stipulated time as fixed by the Judicial Magistrate, Vandavasi.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar nti/ata To 1.The Judicial Magistrate, Vandavasi.

2.The Superintendent of Police.

Thiruvanamalai, Thiruvannamalai District.

3.The Sub Inspector of Police, Kilkondungalur Police Station, Thiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

+1cc to M/s.V.R.Appaswamee, Advocate Sr.No.33656 Crl.O.P.No.20595 of 2021 AJS(CO) RVM(30/06/2022) https://hcservices.ecourts.gov.in/hcservices/