V.Subramanian v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN V.Subramanian ... Petitioner Vs.

1. The Commissioner of Police Salem City, Line Medu, Gugal Calem - 636 006

2. The Deputy Commissioner of Police Salem North, Line Medu, Gugal Salem - 636 006

3. The Inspector of Police Central Crime Branch Salem City North Salem - 636 001 ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. praying to direct the 3rd respondent to conduct a investigation on the basis of the order passed by the learned Judicial Magistrate-V, Salem in Crime No.2900/2023 dated 03.04.2024 upon a complaint given by the petitioner on 20.06.2022 and register a case as against the accused person. 1/5

For Petitioner : Mr.D.Rajagopal For Respondents : Mr.S.Sugendran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the 3 rd respondent to conduct investigation on the basis of the order passed by the learned Judicial Magistrate-V, Salem in Crl.M.P.No.2900 of 2023 dated 03.04.2024 upon a complaint given by the petitioner dated 20.06.2022 and register a case as against the accused person.

2. The learned counsel for the petitioner submitted that the learned Judicial Magistrate-V, Salem, has already given a direction to the 3rd respondent police to conduct a preliminary enquiry and upon enquiry, if found commission of cognizable offence, directed them to register FIR. However, the same has not been complied with.

3. The learned Additional Public Prosecutor appearing for the respondents police submitted that the directions of the learned Magistrate has 2/5

been complied with and after completion of preliminary enquiry, enquiry report was also submitted to the learned Magistrate stating that there is no prima facie case to register a case as against the accused.

4. Recording the submissions of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of with liberty to the petitioner to work out his remedy in the manner known to law. 16.12.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Commissioner of Police Salem City Line Medu, Gugal Calem - 636 006

2. The Deputy Commissioner of Police Salem North, Line Medu, Gugal Salem - 636 006

3. The Inspector of Police Central Crime Branch Salem City North Salem - 636 001

4. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

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