Madras High CourtCRL OP/22856/2022closed

A.Annadurai v. State Rep By

2022-10-11Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM A. Annadurai ...

Petitioners /vs/ The State represented by the Inspector of Police, Modakurichi Police Station, Erode District ...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to register the petitioner's complaint based on the order passed by the learned Judicial Magistrate No.III, Erode in CMP.No.6582 of 2022 dated 21.06.2022 immediately and to investigate the same in accordance with law.

For Petitioner ... Mr. A. Sathishkumar For Respondents ... Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to register the petitioner's complaint based on the order passed by the learned Judicial Magistrate No.III, Erode in CMP.No.6582 of 2022 dated 21.06.2022 and to investigate the same in accordance with law.

2. According to the petitioner, he lodged a complaint against one Seenu Radhakrishnan alleging demand of interest at exorbitant rate for the loan amount borrowed from him by the petitioner and life threat, with the respondent police on 21.4.2022. Since the respondent police did not take any steps to enquire the complaint, he filed CMP.No.6582 of 2022 before the learned Judicial Magistrate No.III, Erode, wherein, the learned Judicial Magistrate by order dated 21.06.2022, directed the respondent police to take necessary action on the complaint and file a report on or before 08.08.2022.

3. It is the case of the petitioner that inspite of a direction issued by the learned Judicial Magistrate, the respondent police did not take any action to conduct enquiry upon the petitioner's complaint till date. Hence he filed the present petition for the aforesaid relief.

4.When the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent submitted that as per the direction of the learned Judicial Magistrate III, Erode in C.M.P.No.6582 of 2022, dated 21.6.2022, the respondent police conducted enquiry on the complaint lodged by the petitioner and upon enquiry, as it was found that no case is made out, further action was dropped and the petition was closed. He would further submit that closure report has been forwarded to the learned Judicial Magistrate III, Erode on 10.10.2022 and the same was received by him on 11.10.2022.

5. Recording the submissions of the learned Addl. Public Prosecutor, this Criminal Original Petition is closed with liberty to the petitioner to challenge the same, if he is so aggrieved, in the manner known to law. 11.10.2022 msr Index:yes/no Internet:yes/no To

1. The Inspector of Police, Modakurichi Police Station, Erode District

2. The Judicial Magistrate No.III, Erode.

3. The Public Prosecutor, High Court, Madras.

V. SIVAGNANAM, J.

msr 11.10.2022