Madras High CourtCRL OP(MD)/4221/2022disposed of

P.R.Pandi v. The Superintendent Of Police

2022-03-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.4221 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.4221 of 2022 P.R.Pandi ... Petitioner Vs

1. The Superintendent of Police Sivagangai District

2. The Sub Inspector of Police Devakottai Taluk Police Station Sivagangai District ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent police to investigate into the complaint dated 05.11.2020 based on the order made in Crl.M.P.No.1663 of 2020 dated 17.12.2020 on the file of the learned Judicial Magistrate, Devakottai under Sections 156(3) of Cr.P.C and take action against the accused in accordance with law. For Petitioner : Mr. R.Gansdhi For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the second respondent police to investigate into the complaint dated 05.11.2020 based on the order made in Crl.M.P.No.1663 of 2020 dated 17.12.2020 on the file of the learned Judicial Magistrate, Devakottai under Sections 156(3) of Cr.P.C and take action against the accused in accordance with law.

2. The petitioner had lodged complaint before the second respondent, till now the complaint was not enquiry, hence the petitioner was constrained to file a petition under Section 156(3) before the learned Judicial Magistrate, Devakottai, wherein the learned Magistrate has directed the second respondent police to conduct enquiry and take appropriate action. However, the second respondent did not taken any steps to conduct enquiry.

3. The learned Magistrate has specifically directed under Section 156(3) to enquire the complaint, therefore the second respondent ought to have registered the First Information Report, then conduct enquiry.

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Crl.O.P.(MD)No.4221 of 2022

4. In view of the same, as directed by the learned Judicial Magistrate, Devakottai, the second respondent is directed to register the First Information Report forthwith, conduct investigation and file a report before the learned Magistrate.

5. With the above direction the petition stands disposed of. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Judicial Magistrate, Devakottai

2. The Superintendent of Police Sivagangai District

3. The Sub Inspector of Police Devakottai Taluk Police Station Sivagangai District

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

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