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Madras High CourtCRL OP/26410/2024disposed of

G.Manavalan v. State Rep. By

2024-10-24Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN G. Manavalan ... Petitioner Vs.

1.State Rep.by The Inspector of Police, Sirkali Police Station, Mayiladuthurai District.

2.Ramar ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C.,/ 528 BNSS, pleased to direct the 1st respondent police to register the FIR in view of the order passed in Crl.M.P.No.822 of 2024 on the file of the Judicial Magistrate, Sirkali and proceed with the investigation according to law against the 2nd respondent.

For Petitioner : Mr.S.Esakkimuthu For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

Pursuant to the petition filed by the petitioner under Section 1/4

156(3) of Cr.P.C., the Judicial Magistrate, Sirkali has directed the respondent police to enquire the matter and if necessary to register First Information Report and proceed. The petitioner herein is before this Court seeking direction to register the FIR.

2.

Perusal of the order passed by the Judicial Magistrate clearly indicates that the FIR to be registered after preliminary enquiry, in which, the participation of the petitioner is required. 3.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that the petitioner has not appeared before the respondent police for preliminary enquiry and therefore C.S.R.No.861 of 2024 dated 08.10.2024 could not be proceeded further. 4.

In the above facts and circumstances, the petitioner herein is directed to appear before the 1st respondent police for preliminary enquiry and on such appearance, the respondent police is directed to proceed further based on the information collected. 2/4

5.

With the above direction, this Criminal Original Petition is disposed of.

24.10.2024 rpl To 1.The Judicial Magistrate, Sirkali 2.The Inspector of Police, Sirkali Police Station, Mayiladuthurai District.

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

3/4

Dr.G.JAYACHANDRAN,J.

rpl 24.10.2024 4/4