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Madras High CourtCRL OP(MD)/3739/2022disposed of

M.Akbar Ali Ambalam v. The Superintendet Of Police

2022-02-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.3739 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3739 of 2022 M.Akbar Ali Ambalam

...Petitioner

Vs.

1. The Superintendent of Police Sivagangai District

2. The Inspector of Police Anti Land Grabbing Special Cell Sivagangai District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Respondent No.2 to register the petitioner's complaint dated 29.01.2022 as an F.I.R in pursuance of the order in Crl.M.P (MD) No.955 of 2020 and further direct the Respondent No.2 to investigate into the matter and to file the final report within the stipulated period as prescribed by this Hon'ble Court. For Petitioner : M/s.S.A.AjmalKhan For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the second respondent to register the petitioner's complaint dated 29.01.2022 as an F.I.R in pursuance of the order in Crl.M.P (MD) No.955 of 2020 and further direct the respondent No.2 to investigate into the matter and to file the final report.

2. The learned Additional Public Prosecutor would submit that as directed by the learned Magistrate, the second respondent conducted enquiry and closed the same on 18.06.2021 itself.

3. It is seen that when the magistrate has specifically directed the second respondent to conduct investigation after registration of the First Information Report, as contemplated under Section 156(3) of Cr.P.C., the second respondent ought to have registered the First Information Report and concluded the investigation, but the second respondent without even registering the First Information Report, simply closed the complaint. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3739 of 2022

4. In view of the same the closure report submitted by the second respondent is set aside and the second respondent is directed to register the First Information Report and complete the investigation and file the final report within a period of four 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(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Judicial Magistrate No.II, Sivagangai.

2. The Superintendent of Police Sivagangai District

3. The Inspector of Police Anti Land Grabbing Special Cell Sivagangai District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court +1 CC to M/s.S.A.AJMAL KHAN, Advocate ( SR-8504[F] dated 24/02/2022 ) Crl.O.P.(MD) No.3739 of 2022 24.02.2022 TP(CO) TR(08.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2