Madras High CourtCRL OP/24237/2024disposed of

Albert Rajkumar v. State By

2024-10-01Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.24237 of 2024 Albert Rajkumar .. Petitioner Vs.

State by Inspector of Police, K-4, Anna Nagar Police Station, Chennai-600 040.

.. Respondent Prayer: Criminal Original Petition is filed under Section 528 of B.N.S.S to direct the respondent not to comply the order passed by the learned V Metropolitan Magistrate, Egmore, Chennai in Crl.MP.No.1271 of 2024 dated 13.06.2024 within the time stipulated by this Hon'ble Court. For Petitioner : Mr.A.Murugavel For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

The petitioner herein has filed Crl.MP.No.1271 of 2024 before the learned Metropolitan Magistrate-V, Egmore under Section 156(3) of 1/4

Cr.P.C to direct the respondent police to register his complaint and investigate.

2. Considering the merits of the case, the learned Metropolitan Magistrate-V, Egmore vide order dated 13.06.2024 has directed the respondent police to conduct preliminary investigation and if primafacie case is made out, proceed in accordance with law. This order was passed on 13.07.2024.

3. Alleging that, the police has not acted upon the direction of the learned Metropolitan Magistrate, the present petition is filed seeking direction to the respondent police to complete the investigation within time stipulated.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the respondent police has conducted preliminary investigation as directed by the learned Metropolitan Magistrate in its order dated 13.06.2024 and found that it is a civil dispute between the petitioner and his sister Beulah Rajakumari and the allegations found in the complaint are not made out. Hence, the 2/4

investigation was closed as ' mistake of fact' and reported to the learned Metropolitan Magistrate.

5. Considering the above facts, this Criminal Original Petition is disposed of giving liberty to the petitioner herein to file protest petition before the Metropolitan Magistrate and work out his remedy, if he aggrieved.

01.10.2024 Vv To

1. The V Metropolitan Magistrate, Egmore, Chennai

2. The Inspector of Police, K-4, Anna Nagar Police Station, Chennai-600 040.

3.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN,J.

Vv Crl.OP.No.24237 of 2024 01.10.2024 4/4