D.Manikandan v. The State Rep By The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.10.2025 Coram :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA D.Manikandan ... Petitioner Vs.

1. The State represented by The Superintendent of Police, Chengalpattu District.

2. The Inspector of Police, Madurantakam Police Station, Chengalpattu District.

... Respondents Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent herein to register the complaint of the petitioner dated 11.03.2025 as First Information Report in view of the order dated 20.09.2025 passed by the learned Judicial Magistrate - I, Madurantakam, in C.M.P.No.480 of 2025.

For Petitioner : Mr.G.Mageshkumar For Respondents : R.Vinothraja, Govt. Advocate (Crl.Side) ****** 1/5

ORDER

This Criminal Original Petition has been filed seeking a direction to the second respondent police to register the petitioner's complaint dated 11.03.2025 as FIR pursuant to the order dated 20.09.2025 passed by the learned Judicial Magistrate - I, Madurantakam, in C.M.P.No.480 of 2025. The case of the petitioner is that he is a public spirited person and since he has exposed about the illegal activities of many persons, some persons in the locality antagonised against him. While so, on 10.03.2025 a mob comprising of 10 named persons and other villagers gheraoed and intimidated to do away with the life of the petitioner. Hence the petitioner had preferred a complaint before the second respondent on 11.03.

2025 and the same was not registered as FIR and thereby the petitioner had approached the learned Judicial Magistrate-I, Madurantakam, in C.M.P.No.480 of 2025 under Section 175(3) BNSS to direct the second respondent police to register an FIR based on the petitioner's complaint dated 11.03.2025. The learned Magistrate, while dismissing the said petition, vide order dated 20.09.

conduct preliminary enquiry. However the respondent police have not conducted any preliminary enquiry and hence the petitioner has approached this Court. Though the learned Magistrate had dismissed the petition filed under Section 175(3) Cr.P.C., by the petitioner, vide order dated 20.09.2025, had directed the respondent police to conduct preliminary enquiry and to act in accordance with law. However, the first respondent has not proceeded further.

Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the order has been passed on 20.09.2025 and subsequent to receipt of the order, the respondent have issued summons twice to the petitioner, however, he did not appear. In view of the above, a direction is issued to the second respondent to serve fresh summons on the petitioner within a week and on receipt of the same, the petitioner shall appear before the second respondent police. On appearance of the petitioner, the second respondent shall conduct preliminary enquiry and proceed further in accordance with law and 3/5

conclude the same within a period of eight weeks from the date of appearance of the petitioner.

It is made clear that this Court has not made any observations with regard to the merits of the claim of the petitioner. With the above directions, this Criminal Original Petition stands disposed of.

27.10.2025 : Yes / No Speaking Order : Yes / No cgi To

1. The Judicial Magistrate - I, Madurantakam.

2. The Superintendent of Police, Chengalpattu District.

3. The Inspector of Police, Madurantakam Police Station, Chengalpattu District.

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

A.D.JAGADISH CHANDIRA, J., cgi 27.10.2025 5/5