Mohammed Salim v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.24270 of 2018 Mohammed Salim Petitioner Vs The State rep. By its The Inspector of Police, Shastri Nagar Police Station, Chennai.

Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., praying to set aside the docket order dated 04.09.2018 passed by the IX Metropolitan Magistrate Court at Saidapet Chennai in Crl.M.P.No.Not Known and to direct the IX Metropolitan Magistrate Court at Saidapet, Chennai, Crl.M.P.No.Not Known to take the above complaint given by the petitioner.

For Petitioner : Mr.M.Jaikumar For Respondent : Ms.M.Prabhavathi, Additional Public Prosecutor

O R D E R

The petitioner filed a petition under Section 156(3) Cr.P.C before the IX Metropolitan Magistrate Court, Saidapet, Chennai and the same has been returned on the following grounds: "(i)Compliance of Section 154 (3) Cr.P.C to be stated.

(ii)the petitioner is hereby directed to comply the guidelines of the Hon'ble High Court in Sugesan Transports case - 2016 (2) LW (Crl) 499. (iii)AR copy/Medical reports to be filed.

Hence returned."

While so, the petitioner has filed the present petition with the above prayer.

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2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.In the opinion of this Court, the returns made by the Magistrate cannot be said to be unreasonable, especially in the light of the recent judgment of the Division Bench of this Court in G.Prabakaran Vs The Superintendent of Police, Thanjavur District and another in [Crl.O.P.(MD)No.13681 of 2018 etc., batch]. Therefore, the petitioner is directed to comply with the returns and re-present the petition within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this petition is closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar gsa To 1.The Inspector of Police, The State of Tamil Nadu, Shastri Nagar Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Jai Kumar, Advocate, S.R.No. 71340 CRL.O.P.No.24270 of 2018 RJ(CO) GN(01/11/2018) https://hcservices.ecourts.gov.in/hcservices/