Madras High CourtCRL OP/20720/2023closed

R.Devi v. Inspector Of Police

2023-09-15Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM R. Devi ... Petitioner Vs.

1.State Rep., by The Inspector of Police, Vada Vanakambadi Police Station, Vada Vanakambadi, Tiruvannamalai District, Vandavasi - 604 408.

2.Sankar 3.Chakravarthi 4.Lakshmi 5.Kanaga 6.Sasikala 7.Venkatesan 8.Uma ... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent police to register an FIR based on the complaint dated 16.06.2021 given by the complainant, the same has been forwarded by the learned Judicial Magistrate, Vandavasi in Crl.M.P.No.3889 of 2021 by an order dated 26.04.2022.

For Petitioner ... Mr. A.R. Ravichandran For Respondents ... Mr. V.J. Priyadarsana, for R1 Government Advocate (Crl.Side) No Appearance for R2 to R8

O R D E R

This Criminal Original Petition has been filed to direct the respondent-police to register an FIR based on the complaint dated 16.06.2021 given by the complainant, the same has been forwarded by the learned Judicial Magistrate, Vandavasi in Crl.M.P.No.3889 of 2021 by an order dated 26.04.2022.

2. When the matter is taken up, the learned counsel appearing for the petitioner submitted that though the learned Magistrate forwarded the complaint of the petitioner in Crl.M.P.No.3889 of 2021 dated 26.04.2022 under Section 156(3) Cr.P.C., the respondent-police has not registered FIR upon the complaint given by the petitioner on the same allegations. But on different allegation, they registered FIR and forwarded to the Magistrate with final report.

3. The learned Government Advocate (Crl.Side) appearing for the State submitted that in this case, upon the complaint of the petitioner, the case has been registered in Crime No.331 of 2021 for the offences under Sections 294(b), 323, 324 and 506(ii) of IPC and final report also filed before the learned Judicial Magistrate Court, Vandavasi.

4. Recording the submissions of the learned counsel for the parties, this Criminal Original Petition is closed with liberty to the petitioner to represent before the learned Judicial Magistrate Court, Vandavasi with regard to non registering of FIR upon her complaint and the learned Magistrate shall consider the matter and pass appropriate orders. 15.09.2023 Index : Yes/No AT

V.SIVAGNANAM ,J.

AT To 1.The Judicial Magistrate, Vandavasi.

2. The Inspector of Police, Vada Vanakambadi Police Station, Vada Vanakambadi, Tiruvannamalai District, Vandavasi - 604 408.

15.09.2023