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Madras High CourtCRL OP(MD)/1472/2023disposed of

Alagammal v. The Superintendent Of Police

2023-02-09Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Alagammal ... Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Inspector of Police, Alanganallur Police Station, Alanganallur.

4.K.Priya 5.Karthi 6.Pitchai 7.Tamilmani ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to issue direction to implement the order passed by the learned Judicial Magistrate, Vadipatti, Madurai in Cr.M.P.No.5621 of 2022 dated 17.11.2022 and to direct the third respondent to register the first information report. 1/4

For Petitioner : Mr.S.Arjun For R1 to R3 : Mr.M.Muthumanikkam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking direction to implement the order passed by the learned Judicial Magistrate, Vadipatti, Madurai in Cr.M.P.No.5621 of 2022 dated 17.11.2022 and to direct the third respondent to register the first information report.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.side) appearing for the first, second and third respondents.

3.It is seen from the records that the learned Judicial Magistrate has directed the third respondent to register FIR within a period of two weeks and to submit a report, vide order dated 17.11.2022. But, the third respondent closed the case on 24.01.2023. Therefore, this Court directed the Inspector of Police to present before this Court along with the Deputy Superintendent of Police. In pursuance of the direction of this Court, the 2/4

Deputy Superintendent of Police, Samayanallur and the concerned Inspector of Police are present before this Court. 4.The learned Government Advocate(Crl.side) appearing for the official respondents, on instructions, would submit that the third respondent Police registered FIR dated 26.01.2023. 5.Though the learned Judicial Magistrate had directed the Inspector of Police to register FIR within two weeks, the concerned Inspector of Police by conducting enquiry has closed the matter. As rightly pointed out by the learned counsel appearing for the petitioner, after filing of this petition, they have issued summons directing the petitioner to appear before the Inspector of Police for enquiry with regard to Cr.M.P.No.5621 of 2022. Now the case has been registered on 26.01.2023. The concerned Inspector of Police has pleaded to excuse him. Recording the same, this criminal original petition is disposed of. 09.02.2023 NCC :

Yes / No Index :

Yes / No 3/4

Internet :

Yes / No gns K.MURALI SHANKAR,J.

gns To 1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Inspector of Police, Alanganallur Police Station, Alanganallur.

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

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