Madras High CourtCRL OP(MD)/2258/2021disposed of

P.Karuppasamy v. The Inspector Of Police

2021-02-15Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R. HEMALATHA P.Karuppasamy ... Petitioner Vs.

1.The State rep. by The Inspector of Police City Crime Branch, Tirunelveli City.

2.V.Arjunan 3.P.Marcos 4.V.Sivakumar 5.K.G.Samy 6.K.R.M.Adidravidar ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, to direct the first respondent to comply with the order dated 22.12.2020, passed in Cr.M.P.No.7110 of 2020 by the Judicial Magistrate Court No.I, Tirunelveli, under Section 156(3) of the Code of Criminal Procedure and consequently directing the first respondent to register a case against respondents 2 to 6.

For Petitioner : Mr.K.Dinesh For 1st Respondent : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The present petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973, seeking for a direction to the first respondent to comply with the order, dated 22.12.2020, passed in Cr.M.P.No.7110 of 2020 by the Judicial Magistrate Court No.I, Tirunelveli, under Section 156(3) of the Code of Criminal Procedure.

2. Mr.K.Dinesh, learned counsel for the petitioner, would contend that the Judicial Magistrate No.I, Tirunelveli, directed the 1/3

first respondent police under Section 156(3) of the Code of Criminal Procedure to investigate and report with regard to the petition filed by the present petitioner within a period of four weeks from the date of receipt of a copy of the order and that during the course of enquiry, if any cognizable offence is made out the Inspector of Police, City Crime Branch, Tirunelveli, shall take action in accordance with law and in case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. His further contention is that till date the police did not take any action. 3.Mr.A.Robinson, learned Government Advocate (Criminal side), who accepts notice on behalf of the first respondent, on instructions, would contend that based on the order dated 22.12.

2020, passed by the learned Judicial Magistrate Court No.I, Tirunelveli, in Cr.M.P.No.7110 of 2020, the petition submitted by the petitioner was registered as Current Petition No.09/AC/CCM/TINC/21 dated 21.01.2021 and it is posted for enquiry. He also sought for 15 days' time to complete the enquiry as directed by the Judicial Magistrate Court No.I, Tirunelveli.

4. Recording the said submissions made by the learned Government Advocate (Criminal side), the Criminal Original Petition is disposed of, directing the first respondent police to expedite the enquiry in the petition submitted by the petitioner in Cr.M.P.No.7110 of 2020 and complete the same, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

5.Call on 18.03.2021, for "reporting compliance". Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) RM NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Inspector of Police City Crime Branch, Tirunelveli City.

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

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

Order made in 15.02.2021 MJ(CO) SRS (02/03/2021) 3P : 4C 3/3