Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Murugan ... Petitioner Vs.

1.The Inspector of Police, Sangaralingapuram Police Station, Vilathikulam Taluk, Thoothukudi District.

2.M.Solaisamy 3.K.Aathimagligam 4.Thagapilavadin 5.Thangaraj 6.Gopalakrishna Moorthi 7.The Sub Registrar, Vilathikulam Sub Registrar Office, Thoothukudi District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent police to register the First Information Report against the accused/second to seventh 1/4

respondents on the basis of the order passed by the learned Judicial Magistrate, Vilathikulam in Crl.M.P.No.765 of 2022 dated 28.06.2022 and to conduct further enquiry and file a report within the stipulated time.

For Petitioner : Mr.M.Sahulhameed For R1 : Mr.P.Kottaichamy, Government Advocate(Crl.side)

ORDER

The petitioner has approached this Court seeking a direction to the first respondent Police to register the First Information Report against the accused/second to seventh respondents on the basis of the order passed by the learned Judicial Magistrate, Vilathikulam in Crl.M.P. No.765 of 2022 dated 28.06.2022 and to file the final report, within a time frame.

2.The grievance of the petitioner is that his complaint was forwarded by the learned Judicial Magistrate, Vilathikulam in Crl.M.P.No.765 of 2022 under Section 156(3) Cr.P.C., to the first respondent Police for conducting preliminary enquiry. However, the 2/4

first respondent Police has not registered any case and therefore, the petitioner has filed the present petition.

3.The learned Government Advocate(Crl.side) appearing for the first respondent submits that they have conducted preliminary enquiry and the content of the complaint is purely civil in nature and therefore, they have submitted a report before the learned Judicial Magistrate, Vilathikulam that this is civil in nature and they cannot register a case. 4.Recording the submission of the learned Government Advocate(Crl.side), this criminal original petition is closed. The petitioner is at liberty to workout his remedy in the manner known to law.

08.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns B.PUGALENDHI,J 3/4

gns To 1.The Inspector of Police, Sangaralingapuram Police Station, Vilathikulam Taluk, Thoothukudi District.

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

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