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Madras High CourtCRL OP(MD)/3748/2023disposed of

R.Manickam v. The Superintendent Of Police

2023-02-27Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR R.Manickam ... Petitioner Vs.

1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Anti Land Grabbing Special Cell, Karur.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent to register the FIR and investigate the same based on the direction given by the Special Judicial Magistrate, Special Court for exclusive trial of land grabbing cases, Karur in C.M.P.No.95 of 2022 dated 03.10.2022. For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.SS.Madhavan 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 second respondent to register the FIR and investigate the same based on the direction given by the Special Judicial Magistrate, Special Court for exclusive trial of land grabbing cases, Karur in C.M.P.No.95 of 2022 dated 03.10.2022.

2. It is evident from the records that the learned Special Judicial Magistrate, on receipt of the complaint filed by the petitioner, has passed an order dated 03.10.2022 directing the Inspector of Police to investigate the offence and file a report by following the procedure established by the law.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents would submit that they have forwarded the complaint to the Redressal Committee for further action.

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4. Since the jurisdictional Magistrate has given a specific direction to investigate the offence and file a report, this Court is at loss to understand as to why and how the second respondent, without complying with the order of the jurisdictional Court, has forwarded the complaint to the Redressal Committee.

5. However, in view of the above, the second respondent is directed to comply with the order of the learned Special Judicial Magistrate dated 03.10.2022 passed in C.M.P.No.95 of 2022, within a period of 15 days from the date of receipt of a copy of this order.

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

27.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Anti Land Grabbing Special Cell, Karur.

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

Order made in Dated: 27.02.2023 4/4