Jelin v. Commissioner Of Police

2023:MHC:5231

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28-11-2023

CORAM

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Crl. OP No.22811 of 2023 Jelin ... Petitioner Vs.

1.State Represented by The Commissioner of Police, Chennai.

2.State Represented by The Inspector of Police, R-5, Virugambakkam Police Station, Chennai District.

... Respondents Prayer: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to register the complaint based on the order passed by the learned XXIII Metropolitan

Magistrate Court, Saidapet in Crl.MP No.523 of 2023 dated 11.01.2023. For Petitioner : Mr.D.Prasanna For Respondents : Mr.Leonard Arul Joseph Selvam, Government Advocate (Criminal Side).

O R D E R

The present Criminal Original Petition has been filed to direct the first respondent-Commissioner of Police to register the complaint based on the order passed by the learned Metropolitan Magistrate No.XXIII, Saidapet in Crl.MP No.523 of 2023 dated 11.01.2023.

2. The learned Government Advocate (Criminal Side), appearing on behalf of the respondents, on instructions, states that the complaint forwarded to the first respondent-Commissioner of Police by the learned Metropolitan Magistrate No.XXIII, Saidapet was taken up for enquiry by the second respondent-Inspector of Police, R-5, Virugambakkam Police Station and after enquiry found that it is a mistake of fact and Closure Report filed before the XXIII Metropolitan Magistrate Court at

Saidapet on 28.04.2023.

3. The learned counsel appearing on behalf of the petitioner/ complainant submits that he was not called for any enquiry and the closure notice was not served on him.

4. In the light of the above facts placed before this Court, the second respondent- Inspector of Police, R-5, Virugambakkam Police Station is directed to serve the copy of the Closure Report to the petitionercomplainant and the petitioner-complainant, on receipt of the Closure Report, shall proceed by filing protest petition or any other remedy available under law.

5. With the above directions, the present Criminal Original Petition stands disposed of.

28-11-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

DR.G.JAYACHANDRAN, J.

Svn To 1.The XXIII Metropolitan Magistrate, Saidapet, Chennai.

2.The Commissioner of Police, Chennai.

3.The Inspector of Police, R-5, Virugambakkam Police Station, Chennai District.

4.The Public Prosecutor, High Court of Madras, Chennai.

Crl. OP 22811 of 2023 28-11-2023