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Madras High CourtCRL OP(MD)/4636/2022allowed

U.Murugavel v. The Inspector Of Police

2022-03-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4636 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4636 of 2022 U. Murugavel

...Petitioner

Vs.

The Inspector of Police Mudukulathur Police Station Ramanthapuram District

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to conduct an enquiry and register an First Information Report as per the order passed by the learned Judicial Magistrate passed in Crl.M.P.No.1580 of 2021 dated 12.10.2021 within the time limited as prescribed by this Court. For Petitioner : Mr.K.C.Ramalingam For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the respondent to conduct an enquiry and register an First Information Report as per the order passed by the learned Judicial Magistrate passed in Crl.M.P.No.1580 of 2021 dated 12.10.2021 within the time limited as prescribed by this Court.

2. The petitioner has lodged complaint before the respondent, however the respondent did not enquire the same and as such the petitioner was constrained to file a petition in Crl.M.P.No.1580 of 2021 dated 12.10.2021 before the learned Judicial Magistrate, Mudukulathur and the learned Magistrate had directed the respondent to investigate and report.

3.However, the respondent without even registering the First Information Report, mechanically closed the complaint and filed a report before the learned Judicial Magistrate, Mudukulathur. When the Magistrate has forwarded the complaint under Section 156(3) of Cr.P.C, to the respondent, the respondent ought to have registered the First Information Report and enquire the matter.

4. In view of the same the closure report submitted by the respondent is set aside and this Criminal Original Petition is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4636 of 2022 allowed. The respondent is directed to register the First Information Report and complete the investigation within a period of twelve weeks from the date of registration of the First Information Report.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Judicial Magistrate, Mudukulathur 2.The Inspector of Police Mudukulathur Police Station Ramanthapuram District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.C.RAMALINGAM, Advocate (SR-11452[F] dated 11/03/2022) Crl.O.P.(MD) No.4636 of 2022 11.03.2022 kg(CO) GC(21.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2