Madras High CourtCRL OP(MD)/3637/2023disposed of

Thowlath Nooriya v. The Inspector Of Police

2023-03-09Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Thowlath Nooriya ... Petitioner Vs.

The Inspector of Police, District Crime Branch Police Station, Office of the Superintendent of Police, Ramanathapuram District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent police to comply with the order passed by the Learned Judicial Magistrate No.II Ramanathapuram, in Crl.MP.No.7765 of 2022 dated 11.01.2023 and consequently issue direction to register an FIR in compliance of the above order and expedite the investigation.

For Petitioner : Mr.K.Siva Tharashana For Respondent : Mr.S.Manikandan Government Advocate (Crl.side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondent police to comply with the order passed by the Learned Judicial Magistrate No.II Ramanathapuram, in Crl.MP.No.7765 of 2022 dated 11.01.2023 and consequently issue direction to register an FIR in compliance of the above order and expedite the investigation.

2. When the matter is taken up for hearing today, the learned Government Advocate (Crl. Side) appearing for the respondent would submit that on the basis of the direction that was issued by the learned Judicial Magistrate No.II, Ramanathapuram, in Cr.M.P No.7765 of 2022, enquiry was undertaken. During the couse of enquiry, it was found that after a lapse of 33 years from the date of alleged occurrence, the complaint has been given and the above said document alleged to have been made during the period, when the accused was a juvenile. On that ground, the above said enquiry was closed as no cognizable offence is made out.

2/4

3. The respondent Police is directed to serve notice to the petitioner with regard to the closure of the enquiry, so that he can workout his remedy through appropriate proceedings.

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

09.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To 1.The Inspector of Police, District Crime Branch Police Station, Office of the Superintendent of Police, Ramanathapuram District.

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

3/4

G.ILANGOVAN ,J.

Indu Order made in Dated: 09.03.2023 4/4