P.Vignesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP P.Vignesh ... Petitioner Vs.

1.The Inspector of Police, District Crime Branch II, Trichy.

2.T.Vijaya @ Vijayalakshmi 3.Maha @ Mahalakshmi 4.S.Natarajan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Respondent Police to comply with the orders passed by the learned Judicial Magistrate Court No.I, Trichy dated 05.12.2023 made in Crl.M.P.No.32756 of 2023 within the time stipulated by this Court.

For Petitioner : Mr.B.Jameel Arasu For R-1 : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition seeking direction against the Respondent Police to comply with the orders passed by the learned Judicial Magistrate Court No.I, Trichy dated 05.12.2023 made in Crl.M.P.No.32756 of 2023.

2. The learned Counsel for the Petitioner submitted that the Petitioner is the de-facto Complainant. He had obtained an order from the learned Judicial Magistrate No.I, Trichy in Crl.M.P.No.32756 of 2023 dated 05.12.2023, directing the Inspector of Police, District Crime Branch-II, Trichy to conduct preliminary enquiry regarding the complaint of the Complainant/Petitioner. If prima facie case found, the Respondent Police is directed to register the case and investigate the same and file a complaint within 15 days from the date of receipt of the order of the Court. Even after more than a month, the first Respondent had not proceeded with the investigation. Therefore, the Petitioner was forced to file this petition seeking direction against the first Respondent.

3. The learned Additional Public Prosecutor on instructions of the Respondent Police would submit that the case is still under preliminary enquiry. The Inspector of Police, District Crime Branch-II, Trichy had sought certain 2/5

documents. Therefore, the first Respondent had filed a petition before the learned Judicial Magistrate seeking extension of time. The learned Additional Public Prosecutor also submitted that the Inspector of Police, District Crime Branch-II, Trichy had sought certified copies of certain documents from the de-facto Complainant also. Only after completion of the preliminary enquiry, the first Respondent will be able to register the case and investigate the same.

4. Recording the submission of the learned Additional Public Prosecutor, the petitioner is directed to furnish all relevant documents under his custody, copies of which had to be furnished to the first Respondent.

5. With the above direction, this Criminal Original Petition is closed. 31.01.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To 1.The Inspector of Police, District Crime Branch II, Trichy.

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

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr 31.01.2024 5/5