Madras High CourtCRL OP/19293/2025disposed of

Jitesh Kumar Kochar v. The Superintendent Of Police

2025-07-14Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.19293 of 2025 Jitesh Kumar Kochar ... Petitioner Vs

1. The Superintendent of Police, Superintendent of Police Office, Chengalpattu District.

2. The Inspector of Police, E-1, Mamallapuram Police Station, Mamallapuram, Chengalpattu District.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS, seeking direction to direct the second respondent-Police to file a report before the learned District Munsif cum Judicial Magistrate, Thirukazhukundram, in accordance with the order dated 14.2.2024 in C.M.P.No.22 of 2023.

For Petitioner : Mr.B.A.Sujay Prasanna For Respondents :Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the second respondent-Police to file a report before the learned District Munsif cum Judicial Magistrate, Thirukazhukundram, in accordance with the order dated 14.2.2024 in C.M.P.No.22 of 2023.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents and perused the materials available on record.

3. Learned counsel for the petitioner submitted that the petitioner has filed a petition under Section 156(3) of the Criminal Procedure Code, in C.M.P.No.22 of 2023, before the learned District Munsif cum Judicial Magistrate, Thirukazhukundram seeking a direction to the second respondent-Police to register the petitioner's complaint dated 14.9.2023 and to file a final report. The learned Magistrate, while allowing the petition vide order dated 14.2.2024, has given a direction to the respondent Police to investigate the case and to file a final report within

a period of 15 days. Till date, the respondent Police has not filed final report. Hence, the petitioner is constrained to file this criminal original petition.

4. Learned Government Advocate (Crl.Side) appearing for the respondent-Police submitted that investigation was over and charge sheet has also been filed in E-filing No.LTN20230001503C2400121 before the District Munsif cum Judicial Magistrate Court, Thirukazhukundram on 09.10.2024. He further submitted that in compliance of the order of the learned Magistrate, respondent-Police has completed the investigation and filed a report.

5. In view of the above facts and circumstances of the case, the learned Magistrate is directed to issue notice to the petitioner. On receipt of the same, the petitioner is directed to workout his remedy in the manner known to law.

6. With the abovesaid direction, this Criminal Original Petition is disposed of.

14.07.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Munsif cum Judicial Magistrate, Thirukazhukundram.

2. The Superintendent of Police, Superintendent of Police Office, Chengalpattu District.

3. The Inspector of Police, E-1, Mamallapuram Police Station, Mamallapuram, Chengalpattu District.

4. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.19293 of 2025 14.07.2025