D.Subramanian v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2022 CORAM :

THE HONOURABLE Ms. JUSTICE R.N.MANJULA D.Subramanian ... Petitioner Vs The Inspector of Police (Crime) J-9, Thoraipakkam Police Station Chennai-600 097.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., seeking a direction to the respondent to comply the order dated 24.02.2022 in Crl.M.P No.207 of 2022 in Crime No.117 of 2022 within time stipulation in accordance with law.

For Petitioner : Mr.Ravindra Ram For Respondent : Mr.S.Santhosh Government Advocate (Crl.side)

O R D E R

The Criminal Original Petition has been filed, seeking a direction to the respondent to comply the order dated 24.02.2022 in Crl.M.P No.207 1/4

of 2022 passed by the Judicial Magistrate, Alandur.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

3. The learned counsel appearing for the petitioner submitted that the petitioner has filed a complaint before the learned Judicial Magistrate, Alandur for seeking a direction under Section 156(3) Cr.P.C. The learned Magistrate has passed an order on 24.02.2022, on the said complaint with the following direction:

"Hence, this court decided that based on the above discussion there is the prima facie case of cognizable offence is made out in the petition and directed the respondent Inspector of Police, J-9, Thuraipakkam Police Station, to register the case and investigate the matter and file a report within 2 weeks and report before this court on or before 10.03.2022".

Now, this petition has been filed by the petitioner by stating that the above direction of the Judicial Magistrate, Alandur has not been complied and the report has not been filed within a period of two weeks as directed by the Magistrate.

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4. The records would show that the FIR has been registered in compliance of the above direction. The order of the Judicial Magistrate can only be construed in a manner that the Judicial Magistrate wanted the respondent police to file a report only in compliance of his direction and not filing the final report. However, since the case has been registered as early as in the month of April 2022, it is obligatory on the part of the respondent police to comply the order within the specified time and file a final report within a period of six weeks from the date of receipt of a copy of this order.

5. Accordingly, this Criminal Original Petition stands disposed of. 02.11.2022 Index : Yes/ No Speaking Order:Yes/No uma 3/4

R.MANJULA, J uma To 1.The Inspector of Police (Crime) J-9, Thoraipakkam Police Station Chennai-600 097.

2.The Public Prosecutor High Court of Madras.

Crl.O.P.No.26531 of 2022 02.11.2022 4/4