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Madras High CourtCRL OP/24199/2022closed

Palanivel v. The Superintendent Of Police,

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 10.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Palanivel ... Petitioner Vs.

1.The Superintendent of Police Ariyalur District.

2.The Inspector of Police, Irumbulukurichi Police Station, Ariyalur District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, 1973 to direct the 2nd respondent to comply the order in Crl.M.P.No.831 of 2022 dated 22.06.2022 on the file of the District Munsif cum Judicial Magistrate, Sendurai. For petitioner : Mr.S.Krishnamoorthy For respondent : Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent to comply the order passed in Crl.M.P.No.831 of 2022 dated 22.06.2022 by the District Munsif cum Judicial Magistrate, Sendurai.

2. The learned counsel for the petitioner submitted that the petitioner/de-facto complainant lodged a complaint against the accused before the District Munsif cum Judicial Magistrate, Sendurai and it was forwarded to the respondent police vide order dated 22.06.2022, directing them to register the complaint and to file final report. However, the respondent police has not registered the case.

3. The learned Government Advocate (Crl.Side) submitted that Pursuant to the order passed by the learned District cum Judicial Magistrate, Sendurai, case was registered in Crime No.83 of 2022 on 22.06.2022 and the respondent police conducted enquiry and finally the case was closed as " mistake of facts". He further submitted that the

closure report has been forwarded to the learned District cum Judicial Magistrate, Sendurai on 08.08.2022 and RCS Notice was also sent to the petitioner/complainant.

4. Recording the submission made by the learned Government Advocate (Crl.Side), this Criminal Original Petition is closed, with liberty to challenge the closure Report filed by the respondent police. 10.10.2022 Index:Yes/No Internet:Yes/No mst To 1.The Superintendent of Police Ariyalur District.

2.The Inspector of Police, Irumbulukurichi Police Station, Ariyalur District.

3.The Public Prosecutor, Madras High Court.

V.SIVAGNANAM, J.

mst 10.10.2022