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Madras High CourtCRL OP(MD)/3032/2021disposed of

K.P.Pathmanaban v. The Superintendent Of Police

2021-02-25Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.3032 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA Crl.O.P.(MD)No.3032 of 2021 K.P.Pathmanaban

...Petitioner

/Vs./ 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, District Crime Branch Police Station, Dindigul District, Dindigul.

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the case based on the orders passed by the Judicial Magistrate No.II, Dindigul, under Section 156(3) of the Code of Criminal Procedure in Crl.M.P.No.527 of 2021, dated 19.01.2021. For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

This petition has been filed seeking for a direction to the second respondent to register the case based on the orders passed by the Judicial Magistrate No.II, Dindigul, under Section 156(3) of the Code of Criminal Procedure in Crl.M.P.No.527 of 2021, dated 19.01.2021.

2.Mr.A.Robinson, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents, on instructions, would contend that the second respondent is enquiring into the allegations of the petitioner and if any cognizable offence is made out, First Information Report would be registered. 3.A perusal of the orders passed by the Judicial Magistrate No.II, Dindigul, dated 19.01.2021 shows that the Judicial Magistrate has directed the Station House Officer, District Crime Branch, Dindigul to investigate the matter and file a final report, after following the guidelines issued in the decision in Lalita kumari vs. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3032 of 2021 Government of Uttarpradesh and Others reported in AIR 2014 SC 187. 4.In the circumstances, I do not find any merits in the instant case as the procedure adopted by the police cannot be found fault with and therefore, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 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.

To 1.The Judicial Magistrate No.2, Dindigul.

2.The Superintendent of Police, Dindigul District, Dindigul.

3.The Inspector of Police, District Crime Branch Police Station, Dindigul District, Dindigul.

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

Crl.O.P.(MD)No.3032 of 2021 25.02.2021 na(CO) TR(19.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2