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Madras High CourtCRL OP(MD)/8000/2019dismissed

K. Saraswathi Krishnan v. The Superintendent Of Police

2019-06-11Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.8000 of 2019 K.Saraswathi Krishnan : Petitioner Vs.

1. The Superintendant of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Pudukottai Police Station, Thoothukudi District.

: Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the second respondent to register a case/ F.I.R based on the complaint given by the petitioner dated 05.02.2019 and 06.02.2019 before the second and first respondents respectively and in pursuant to the order passed by the Judicial Magistrate No.3 Thoothukudi in Cr.M.P.No.3665 of 2019, dated 15.03.2019, within a period prescribed by this Hon'ble Court.

For Petitioner : Mr.N.Sathish Babu For Respondents 1 & 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent to register a case/ F.I.R based on the complaint given by the petitioner dated 05.02.2019 and 06.02.2019 before the respondents in pursuant to the order passed by the Judicial Magistrate No.3 Thoothukudi in Cr.M.P.No.3665 of 2019, dated 15.03.2019.

2.The grievance of the petitioner is that earlier, the petitioner has given a complaint against his erstwhile employer. Since no action has been taken, the petitioner filed Cr.M.P.No.3665 of 2019, before the learned Judicial Magistrate No.III, Thoothukudi. On 15.03.2019, the learned Judicial Magistrate No.III, Thoothukudi, directed the Inspector of Police, Pudukottai Police Station / second respondent to investigate the matter and file report on or before 02.04.2019. Since no action was taken by the Inspector of Police, the petitioner has filed this present Petition. 3.Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor, appearing for the respondents, on instructions, would submit that based on the direction given by the learned Judicial Magistrate, enquiry was conducted and the same was closed by the respondent https://hcservices.ecourts.gov.in/hcservices/

Police. He further submitted that report has already been laid before the learned Judicial Magistrate No.III, Thoothukudi. 4.Considering the fact that the enquiry was over and the report also submitted before the learned Judicial Magistrate, at this stage, this Court is of the view that the prayer sought for by the petitioner cannot be granted by this Court. The Criminal Original Petition stands dismissed accordingly. However, liberty is given to the petitioner to approach the appropriate forum to work out his remedy in the manner known to law.

Sd/- Assistant Registrar (records) // True Copy // Sub Assistant Registrar(CS) To

1. The Judicial Magistrate No.3, Thoothukudi 2 .The Superintendant of Police, Thoothukudi District, Thoothukudi.

3. The Inspector of Police, Pudukottai Police Station, Thoothukudi District.

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

+1 CC to Mr.N.SATHISH BABU, Advocate ( SR-67776[F] dated 11/06/2019 ) Order made in CRL.O.P.(MD).No.8000 of 2019 Dated:11.06.2019 tsg MK (25.06.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/