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Madras High CourtCRL OP/25764/2022disposed of

R.Ramesh v. The Stage Rep By

2022-10-20Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA R.Ramesh ...

Petitioner /vs/ The State Rep. by The Station House Officer, Panruti Police Station.

... Respondent Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the respondent to register the case based on the order passed by the learned Judicial Magistrate, Panruti in Crl.M.P.No.1384 of 2022 dated 03.09.2022.

For Petitioner ... Mr.J.Pradeep For Respondent ... Mr.A.Damodaran, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent to register the case based on the order passed by the learned Judicial Magistrate, Panruti in Crl.M.P.No.1384 of 2022 dated 03.09.2022.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent.

3. The learned counsel for the petitioner submitted that the respondent police had failed to register the FIR in compliance of the order passed by the learned Judicial Magistrate, Panruti, made in Crl.M.P.No.1384 of 2022 dated 03.09.2022.

4. When there is a direction given by the learned Judicial Magistrate to register the FIR and conduct enquiry, the respondent ought to have followed the direction in letter and spirit. Since no FIR has been registered and direction of the learned Judicial Magistrate has been violated, I feel a direction should be given to the respondent police to register the FIR and

then conduct enquiry and file a report within a period of one month.

5. In the result, this Criminal Original Petition is disposed with a direction to the respondent police to register the FIR in pursuant to the order of the learned Judicial Magistrate, Panruti made in Crl.M.P.No.1384 of 2022 dated 03.09.2022 and then conduct enquiry and file a report within a period of one month from the date of receipt of a copy of this order. 20.10.2022 Index: Yes/No Internet: Yes/No Speaking/Non speaking order gsk/shk To 1.The Station House Officer, Panruti Police Station.

2.The Public Prosecutor, High Court, Madras.

R.N.MANJULA ,J.

gsk/shk 20.10.2022