Madras High CourtCRL OP(MD)/4137/2021dismissed

P.Ramesh v. The Commissioner Of Police

2021-03-18Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.4137 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA Crl.O.P.(MD)No.4137 of 2021 P.Ramesh

...Petitioner

/Vs./ 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Tallakulam Police Station, Madurai.

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register First Information Report in pursuance of the orders passed by the Judicial Magistrate No.II, Madurai, dated 16.12.2020 in Cr.M.P.No.4752 of 2020.

For Petitioner : Mr.G.Kalyanasundaram For Respondents : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

This petition has been filed seeking for a direction to the second respondent to register the First Information Report in pursuance to the orders passed by the Judicial Magistrate No.II, Madurai, dated 16.12.2020 in Cr.M.P.No.4752 of 2020. 2.Mr.A.Robinson, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents, on instructions, would contend that the Judicial Magistrate No.II, Madurai, has directed the police to follow the guidelines issued in Lalita kumari vs. Government of Uttarpradesh and Others reported in AIR 2014 SC 187, before registering the First Information Report. He would further contend that with regard to the same allegations, some other complaint was lodged by a different person, for which, First Information Report in Crime No.

2260 of 2019 of Tallakulam Police Station, Madurai, was registered. Since the present petitioner's wife is one of the victims, her statement was also recorded in the said case and therefore, registering another First Information Report is not necessary, as far as the present case is concerned. https://hcservices.ecourts.gov.

Crl.O.P.(MD)No.4137 of 2021

3. Recording the submission of the learned Government Advocate (Criminal Side), this Criminal Original Petition is dismissed. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Tallakulam Police Station, Madurai.

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

Crl.O.P.(MD)No.4137 of 2021 18.03.2021 MJ(CO) KB(17.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2