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Madras High CourtCRL RC(MD)/179/2020disposed of

Nagaraj v. The Inspector Of Police

2022-02-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD).No.179 of 2020 Nagaraj

...Petitioner/Complainant

Vs.

1. State through The Inspector of Police, Thiruvengadam Police Station, Tenkasi District - 627719.

2. Emmanuvel

...Respondents

PRAYER: Criminal Revision Case filed under Section 397 and 401 Cr.P.C. praying to set aside the impugned order passed by the Learned Judicial Magistrate Court, Sankarankovil in Cr.M.P.No.5461 of 2019, dated 28.11.2019, consequently direct to the 1st respondent to register the First Information Report based on the petitioner's complaint on:19.10.2019.

For Petitioner : Mr.P.Ponraj For R-1 : Mr.K.Sanjai Gandhi, Government Advocate(Crl. Side) For R-2 : Mr.J.Sathish Kumar

ORDER

This Criminal Revision Case has been filed challenging the order passed by the learned Judicial Magistrate, Sankarankovil in Cr.M.P.No.5461 of 2019, dated 28.11.2019, thereby, directed the first respondent to investigate the case and submit the report.

2. As directed by the learned Judicial Magistrate, Sankarankovil in Cr.M.P.No.5461 of 2019, the Inspector of Police, Thiruvengadam Police Station, Tenkasi District conducted enquiry and closed the same for the reason that the parties agreed to approach the Civil Court. Finally, the learned Judicial Magistrate forwarded the complaint under Section 156(3) of Cr.P.C.

3. The police officials ought to have first registered the case as contemplated under Section 154 of Cr.P.C and begin the investigation. In the case on hand, admittedly, no F.I.R. has been registered and the respondent police simply closed the complaint.

4. In view of the above, the Inspector of Police, Thiruvengadam Police Station, Tenkasi District is directed to register the case, as directed by the learned Judicial Magistrate in Cr.M.P.No.5461 of 2019 dated 28.11.2019 and complete the investigation within a period of two (2) weeks thereafter.

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5. With the above directions, this Criminal Revision Case is disposed of.

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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, Sankarankovil 2.The Inspector of Police, Thiruvengadam Police Station, Tenkasi District - 627719.

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

Crl.R.C.(MD).No.179 of 2020 23.02.2022 MGJ(21.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/