Gajendran v. State Of Tamilnadu Rep By Inspector Of Police, District Crime Branch Ii,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Gajendran ... Petitioner Vs.

1. The Inspector of Police, District Crime Branch-II, Dindigul.

2.Ganesh Babu ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to pass an order directing the 1st respondent to comply with the directions of the learned Judicial Magistrate in Crl.MP.No.1383/2025 dated 30.05.2025 and to register and FIR against the 2nd respondent based upon the documents submitted by the petitioner.

For Petitioner : Mr.S.Rajeshkanna For Respondents : Mr.M.Sakthi Kumar (R1) Government Advocate (Crl.) 1/6

ORDER

This petition has been filed seeking for a direction to the 1st respondent to comply with the directions of the learned Judicial Magistrate in Crl.MP.No. 1383/2025 dated 30.05.2025 and to register and FIR against the 2nd respondent based upon the documents submitted by the petitioner.

2. The learned counsel appearing for the petitioner submitted that the learned Judicial Magistrate No. II, Dindigul, after recording that the police had closed the earlier complaint of the petitioner for non-production of necessary documents for investigation, allowed the petition filed by the petitioner expressing his readiness to produce all necessary documents before the respondent police. The learned Magistrate further directed the respondent police to provide sufficient opportunity to both sides, conduct further investigation upon receipt of the documents submitted by the petitioner, and file a report. However, the same has not been complied with.

3. The learned Government Advocate appearing for the respondent police submitted that the enquiry was properly conducted and that the documents were received from the petitioner. An opportunity of hearing was 2/6

given to the rival parties, based on which the complaint given by the petitioner was closed. The closure was effected after obtaining proper legal opinion from the District Public Prosecutor, and thereafter, a report was filed before the concerned learned Judicial Magistrate on 07.02.2026, recommending that the respective parties work out their remedy before the competent civil court for recovery of money.

4. Heard the learned counsel on either side and carefully perused material available on record. Considering the nature of the order proposed to be passed in this petition, notice to the private respondent is dispensed with.

5. It is seen from the records that the petitioner had filed an application before the learned Judicial Magistrate No. II, Dindigul, seeking a direction to the first respondent police to register an FIR, which was allowed accordingly. However, the respondent police filed a closure report on 10.06.2026. Thereafter, the petitioner filed a second petition seeking further investigation on the ground that the petitioner's documents were not properly appreciated by the first respondent police, and the same was also allowed by the trial Court. Pursuant thereto, the respondent police conducted an enquiry. 3/6

6. It is the claim of the learned Government Advocate that proper enquiry as directed by the trial Court was conducted after receiving necessary documents from the petitioner and giving opportunity to the rival parties and only thereafter, filed a closure report considering the civil nature of the dispute involved. Even then, the petitioner has come before this Court seeking with the aforesaid prayer.

7. It is seen that, in the petition filed by the petitioner, the learned Judicial Magistrate No. II, Dindigul, directed the respondent police to provide sufficient opportunity to both sides, conduct further investigation after receiving the documents submitted by the petitioner, and file a report. If the petitioner has any grievance in this regard, he is at liberty to file a private complaint. Accordingly, this Criminal Original Petition stands dismissed. 23.02.2026 NCC : Yes / No Index : Yes / No Sm 4/6

TO:-

1. The Inspector of Police, District Crime Branch-II, Dindigul.

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

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 23.02.2026 6/6