B.Rengaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2023

CORAM

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

The Inspector of Police, District Crime Branch, Ramanathapuram District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent to comply with the order passed by the learned Judicial Magistrate No.II, Ramanathapuram in Cr.M.P.No.134 of 2020 dated 23.01.2020 and further direct the respondent to register the First Information Report. For Petitioner : Mr.K.C.Ramalingam For Respondent : Mr.SS.Madhavan Government Advocate (Crl. Side

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondent to comply with the 1/4

order passed by the learned Judicial Magistrate No.II, Ramanathapuram in Cr.M.P.No.134 of 2020 dated 23.01.2020 and further direct the respondent to register the First Information Report.

2. The learned counsel appearing for the petitioner would submit that on the basis of the complaint given by the petitioner, the learned Magistrate has passed an order dated 23.01.2020 forwarding the complaint to the Station House Officer, District Crime Branch, Ramanathapuram under Section 156(3) Cr.P.C. and further directed to make an enquiry on both sides and register a case, if the same discloses cognizable offences. He would further submit that in respect of the summons issued by the respondent dated 04.02.2021, he appeared before them on 05.02.2021.

3. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that after enquiry, the respondent has filed a report, by considering the money transaction between the parties, there was no scope to take criminal action.

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4. The learned counsel appearing for the petitioner would submit that the petitioner has filed an application for getting the copies of the report filed by the respondent, but the same was returned as no papers are available in the concerned Court.

5. Recording the submissions made on either sides, the respondent is directed to file a report before the jurisdictional Court and on receipt of the copy of the report, the petitioner is at liberty to file a private complaint, if so advised.

6. With the above direction, this Criminal Original Petition stands disposed of.

31.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Inspector of Police, District Crime Branch, Ramanathapuram District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 31.01.2023 4/4