Bharathiraja v. The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR Bharathiraja Petitioner Vs The Sub Inspector of Police, District Crime Branch, Cuddalore District, Cuddalore.

Respondent PRAYER This Criminal Original Petition has been filed under Section 528 of BNSS Act to direct the respondent police to comply the order passed by the Judicial Magistrate, Thittagudi, Cuddalore District, in Crl.M.P.No.1793/2025 dated 30.06.2025, in accordance with law.

For Petitioner(s):

M/s.M.Velmurugan For Respondent(s):

Mr.R.Vinothraja, Govt. Advocate (crl.side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the respondent police to comply with the order passed by the Judicial Magistrate, Thittakudi, Cuddalore District.

2. It is the contention of the petitioner that he had entered into a contract with the accused, and the accused had induced the petitioner to pay certain amount, however, the accused has failed to re-convey the property. On a complaint given by the petitioner under Section 175(3) of BNSS, the Judicial Magistrate, Thittagudi, Cuddalore District, directed the respondent police to register the case, if a cognizable offence is made out, and to file a report in this regard. Since the respondent police did not register the FIR, the present petition has been filed.

3. The learned Government Advocate(crl.side), on instruction, would submit that the report has already been forwarded to the concerned Magistrate Court on 08.07.2025. It is further stated that the defacto complainant, having given complaint, has not cooperated with the investigation. 2/4

4. In such view of the matter, as the complainant himself has not cooperated for the investigation and taking note of the fact that the very allegation itself appears to be civil in nature, if the petitioner wants to pursue the matter, it is for him to establish the same in a private complaint.

5. With the above observations, this Criminal Original Petition is dismissed. No costs.

12-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mrp 1.The Sub Inspector of Police, District Crime Branch, Cuddalore District, Cuddalore.

2. The Judicial Magistrate, Thittagudi, Cuddalore District.

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N.SATHISH KUMAR J.

mrp 12-08-2025 4/4