Madras High CourtCRL OP(MD)/3854/2022disposed of

S. Ayyanar v. The Inspector Of Police

2022-02-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.3854 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3854 of 2022 S.Ayyanar ... Petitioner Vs.

1. The Inspector of Police Rajapalayam South Police Station Rajapalayam

2. Muthugurunathamani

3. Rathinavel

4. Pushpa ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set-aside the Closure Report dated 11.11.2021 and direct the Second respondent to register FIR against the respondents 2 to 4 and investigate the complaint expeditiously in accordance with law.

For Petitioner : M/s.Polax Legal Solutions For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to set-aside the Closure Report dated 11.11.2021 and direct the first respondent to register FIR against the respondents 2 to 4 and investigate the complaint expeditiously in accordance with law.

2. The petitioner has lodged complaint before the first respondent, however the first respondent did not enquire the same and as such the petitioner was constrained to file a petition in Crl.M.P.No.5299 of 2021 before the learned Judicial Magistrate, Rajapalayam and the learned Magistrate by an order dated 26.07.2021 had directed the first respondent to enquire and file a report.

3. It is seen that when the magistrate has specifically directed the first respondent to conduct investigation after registration of the First Information Report, as contemplated under Section 156(3) of Cr.P.C., the first respondent ought to have https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3854 of 2022 register the First Information Report and concluded the investigation, but the first respondent without even registering the First Information Report, simply closed the complaint.

4. In view of the same the closure report submitted by the first respondent is set aside and the first respondent is directed to register the First Information Report and complete the investigation within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The Inspector of Police Rajapalayam South Police Station Rajapalayam

2. The Additional Public Prosecutor Madurai Bench of Madras High Court +1 cc to M/s.POLAX LEGAL SOLUTIONS, SR.No.9037 Crl.O.P.(MD) No.3854 of 2022 25.02.2022 SA (08.03.2022) 2P 4c https://hcservices.ecourts.gov.in/hcservices/ 2/2