Gunasekari v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Mrs.Gunasekari ... Petitioner Vs.

1. The Commissioner of Police, Central Crime Branch, Commissionerate, Tambaram.

2. The Assistant Commissioner of Police, Selaiyur, Chennai - 600 073.

3. The Inspector of Police (Crime) S10, Pallikaranai Police Station, Pallikaranai, Chennai - 600 100.

... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to direct the 3rd Respondent Police herein to conduct investigation and register an FIR upon order passed in C.M.P.No.1177 of 2024 dated 29.05.2024 within a stipulated time frame limit as fixed by this Hon'ble Court.

For Petitioner : Mr.A.M.Sheik Mohammed Rafiq For Respondents : Mr.R.Vinothraja Government Advocate (Criminal Side) 1/5

O R D E R

The Criminal Original Petition has been filed, seeking a direction to the 3rd respondent Police to file an FIR and conduct an investigation based on the order passed by the learned Judicial Magistrate No.II, Alandur, in C.M.P. No. 1177 of 2024 dated 29.05.2024.

2. Heard both sides and perused the materials available on record. 3.

On perusal of the records, this Court finds that an application had been filed by the petitioner under Section 156(3) of the Cr.P.C. before the learned Judicial Magistrate No.II, Alandur, in CMP.No.1177/2024 and the learned Magistrate, taking note of the nature of the allegations, directed the respondent Police to conduct an enquiry and file a report with regard to the same and did not straightaway direct the registration of a first information report. This order was passed on 29th May, 2024. However, no action has been taken so far, and hence, a direction is sought for.

4. The learned Government Advocate (Crl.Side) submitted that the respondents would complete the enquiry and, if a cognizable offence is made out, they will proceed by registering an FIR. 2/5

5. In such view of the matter, this Court is of the opinion that the 3rd respondent Police shall conduct the enquiry and file a report before the Court concerned. While conducting the enquiry, the 3rd respondents/police is directed to take note of the fact that the petitioner's father, though died in the year 1992, a document had been registered in his name in the year 2005 through impersonation. All these aspects should be taken into consideration and a report should be filed before the concerned Magistrate Court within a period of one month from the date of receipt of a copy of this order. 6.

Accordingly, the Criminal Original Petition stands disposed of with the above directions.

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1. The Judicial Magistrate No.II, Alandur.

2. The Commissioner of Police, Central Crime Branch, Commissionerate, Tambaram.

3. The Assistant Commissioner of Police, Selaiyur, Chennai - 600 073.

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4. The Inspector of Police (Crime) S10, Pallikaranai Police Station, Pallikaranai, Chennai - 600 100.

5.

The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

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