Thavaselvan v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA Thavaselvan ... Petitioner Vs.

1.The Superintendent of Police, Nagapattinam District, Nagapattinam.

2.The Inspector of Police, Poraiyar Police Station, Tharangambadi Taluk, Mayiladuthurai District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to register the petitioner's complaint dated 12.09.2020 based on the order passed by the learned Judicial Magistrate No.II in C.M.P.No.36 of 2021 dated 25.03.2021 and investigate the same and to file a final report within the stipulated time.

For Petitioner : Mr.S.Saravanakumar For Respondents : Mr.S.Santhosh, Govt. Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the respondents to register the petitioner's complaint dated 12.09.2020 based on the order passed by the learned Judicial Magistrate No.II in C.M.P.No.36 of 2021 dated 25.03.2021 and investigate the same and to file a final report within the stipulated time.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner was assaulted and threatened by the accused persons; therefore, he has given a complaint against them before the respondent police; on the complaint given by the petitioner, no proper action has been taken by the respondents; therefore, the petitioner is before this Court.

4. The learned Government Advocate (Crl.Side) submitted that on the complaint given by the petitioner, current paper enquiry has been initiated in CSR No.536 of 2020 and the same is pending.

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5. However, the learned counsel for the petitioner submitted that since no action has been taken by the respondents, the petitioner has filed a petition under Section 156(3) of Cr.P.C before the learned Judicial Magistrate No.II, Mayiladuthurai in C.M.P.No.36 of 2021 and on which, an order has been passed on 25.03.2021 by directing the second respondent police to conduct preliminary enquiry and file a final report as expeditiously as possible.

6. But it is learnt that the second respondent has not filed any report so far. Since it is an order of the Court, it is obligatory on the part of the second respondent to comply the order and file a report with a petition to condone the delay within a period of two weeks from the date of receipt of a copy of this order.

7. With the above observations, this Criminal Original Petition is disposed.

Index: Yes/No 24.11.2022 Speaking / Non Speaking Order gsk 3/4

R.N.MANJULA, J.

gsk To 1.The Superintendent of Police, Nagapattinam District, Nagapattinam.

2.The Inspector of Police, Poraiyar Police Station, Tharangambadi Taluk, Mayiladuthurai District.

3.The Public Prosecutor, High Court, Madras.

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