Madras High CourtCRL OP(MD)/567/2025disposed of

Pannerselvam v. The State Of Tamil Nadu

2025-01-10Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM

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

1. The State of Tamil Nadu, Rep by the Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2. The Inspector of Police, Kariyapatti Police Station, Virudhunagar District.

3. Karupaiah @ Karupu

4. Padmapriya ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the 2nd respondent to comply with the order passed in the District Munsif cum Judicial Magistrate, Kariapatti in Crl.M.P.No. 31/2024, dated 26.11.2024 and consequently register the FIR on the petitioner's complaint, dated 03.11.2023.

For Petitioner : Mr.J.Mohamed Ibrahim For Respondents : Mr.K.Sanjai Gandhi (R1-R2) Government Advocate(Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent to comply with the order passed in the District Munsif cum Judicial Magistrate, Kariapatti in Crl.M.P.No. 31/2024, dated 26.11.2024 and consequently register the FIR on the petitioner's complaint, dated 03.11.2023.

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate(Crl.Side) appearing for the respondent and perused the materials available on record.

3.It is case of the petitioner that based on the complaint lodged by the petitioner in Crl.M.P.No.31 of 2024, the District Munsif cum Judicial Magistrate, Kariapatti directed the respondent Police to conduct enquiry and register a case, if cognizable offence is made out. However, thereafter, no action has been taken by the respondent. The petitioner has not called for enquiry. Hence this petition has been filed. 4.The learned Additional Public Prosecutor submitted that based on the direction of the learned Magistrate, the 2nd respondent Police 2/5

has conducted enquiry and closed the same by way of filing a report before the concerned Court on the very next day (ie., 27.11.2024) stating that the issue pertains to civil in nature, the parties were directed to approach the civil Court.

5.In response, the learned counsel for the petitioner submitted that the respondent has not served the closure report to the petitioner. 6.In view of the aforesaid submissions made on either side, the 2nd respondent police is directed to serve a copy of closure report to the petitioner forthwith. If the petitioner is aggrieved over the same, he is at liberty to approach the learned Magistrate by way of filing objection within the stipulated time.

7.With the above directions, this Criminal Original Petition stands disposed of.

10.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No PNM 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2. The Inspector of Police, Kariyapatti Police Station, Virudhunagar District.

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

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M.NIRMAL KUMAR, J.

PNM ORDER IN 10.01.2025 5/5