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Madras High CourtCRL OP/29531/2024disposed of

N.Sathish v. State Rep By

2025-02-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN N.Sathish ... Petitioner Vs.

1. State Rep by The Inspector of Police, Tambaram Police Station (L&O), Tambaram, Chennai.

2. S. Jayasree

3. Sridharan

4. Jayanthi

5. Sundaresan

6. Sri Vignesh

7. Rakesh ... Respondents Prayer: Criminal Original petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Judicial Magistrate No.I, Tambaram, to take action against the first respondent Police and consequently direct the first respondent police to register the complaint dated 19.09.2023.

For Petitioner : Mr.S.Suresh For Respondents For R1 : Mr.R.Vinothraja Government Advocate (Crl. Side) For R2 & R5 : Mr.C.Prakasam For R3,4,6,7 : No appearance

ORDER

This petition has been filed for direction directing the first respondent to register FIR as directed by the learned Judicial Magistrate No.I, Tambaram, in Crl.M.P.No.1503 of 2023 dated 29.04.2024. 2.

It is seen that initially the petitioner lodged complaint and since there was no action, the petitioner filed petition under Section 156(3) of Cr.P.C., before the learned Judicial Magistrate No.I, Tambaram. Even before the issuance of direction, it was reported before this Court in Crl.O.P.No.16536 of 2024 on 15.07.2024 that the complaint lodged by the petitioner was enquiry and filed closure report on 28.02.2024. However, the learned Judicial Magistrate No.I, Tambaram, by an order dated 29.04.2024, directed the first respondent to conduct investigation in accordance with law.

3.

Considering the above facts and circumstances, as directed by the learned Judicial Magistrate No.I, Tambaram, the first respondent is directed to once again conduct enquiry after issuance of notice to the petitioner and the respondents 2 to 7 and if any cognizable office is made out register the FIR or if no cognizable office is made out, the first respondent is directed to file a report before the concerned Court. 4.

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

07.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To

1. The Judicial Magistrate No.I, Tambaram.

2. The Inspector of Police, Tambaram Police Station (L&O), Tambaram, Chennai.

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

07.02.2025