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Madras High CourtCRL OP(MD)/227/2025disposed of

C.Sreenivasan v. The State Of Tamilnadu

2025-01-08Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR C.Sreenivasan ... Petitioner Vs.

The State of Tamil Nadu, State represented by The Inspector of Police, Thiruvattar Police Station, Kanniyakumari.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the respondent police to comply with the order passed by the learned Judicial Magistrate No.II, Padmanabhapuram, Kanniyakumari in Cr.M.P.No.10023 of 2023, dated 09.08.2023 to register the case.

For Petitioner : Mr.M.Suri For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/4

ORDER

This criminal original petition has been filed seeking for a direction to the respondent police to comply with the order passed by the learned Judicial Magistrate No.II, Padmanabhapuram, Kanniyakumari in Cr.M.P.No.10023 of 2023, dated 09.08.2023 to register the case.

2. Heard the learned counsel on either side.

3. The petitioner had filed a complaint before the Judicial Magistrate No.II, Padmanabhapuram, Kanniyakumari, in Cr.M.P.No. 10023 of 2023. The learned Judicial Magistrate, by order dated 09.08.2023 directed the respondent police to conduct enquiry and also to send a report within 30 days. But, sofar no report has been submitted. Hence, this petition came to be filed.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that on the direction of the learned Judicial Magistrate, the respondent police had conducted enquiry and found the case is exaggerated and that it is not a fit case for registering an FIR and 2/4

hence, closed the enquiry and had also submitted a report on 27.06.2024 itself.

5. The learned counsel appearing for the petitioner submitted that the petitioner was not aware of the closure report and that he may be served with the copy of the same.

6. Considering the submissions made on either side, the respondent police is directed to furnish the closure report to the petitioner and the petitioner can very well file an appropriate application before the lower Court and the copy of the closure report shall be made available to the petitioner.

7. With the above direction, this criminal original petition is disposed of.

NCC : Yes / No 08.01.2025 Index : Yes / No Sm 3/4

M.NIRMAL KUMAR, J.

Sm To:- 1.The Judicial Magistrate No.II, Padmanabhapuram, Kanniyakumari.

2.The The Inspector of Police, Thiruvattar Police Station, Kanniyakumari.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated:

08.01.2025 4/4