Madras High CourtCRL OP(MD)/6108/2022disposed of

Thangavelu v. The Inspector Of Police

2022-04-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6108 of 2022 Thangavelu

...Petitioner

Vs.

1. The State rep by The Inspector of Police, Ezhachembur Police Station, Ramanathapuram District.

2. The Superintendent of Police, Ramanathapuram District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent herein to register a case as per the orders passed in Crl.M.P.No. 2182 of 2021, Dated. 08.01.2022 by the learned Judicial Magistrate, Mudukulathur. For Petitioner : Mr.V.Aranmanai Pandian For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the respondent herein to register a case as per the orders passed in Crl.M.P.No. 2182 of 2021, dated. 08.01.2022 by the learned Judicial Magistrate, Mudukulathur.

2.The petitioner initially lodged complaint before the first respondent and the same has not been considered and no First Information Report was registered, therefore the petitioner was constrained to file a petition under Section 156(3) before the learned Judicial Magistrate, Mudukulathur. The learned Magistrate by an order dated 08.01.2022 has directed the first respondent to investigate the same and report.. However the first respondent conducted enquiry and closed the same on 25.02.2022 and closure report was also submitted before the learned Magistrate.

3. After issuing direction under Section 156(3) of Cr.P.C the first respondent ought to have first registered the First Information Report and conducted investigation. Without registering the First Information Report investigation has been conducted and the same was closed. Inview of the same, the closure report submitted by the first respondent dated 25.02.2022 is hereby set aside. The first respondent is directed to register the First Information Report as directed by the learned Magistrate in Crl.M.P.No.2182 of 2021 dated 08.01.2022 and complete the https://hcservices.ecourts.gov.in/hcservices/ 1/2

investigation and file the final report as expeditiously as possible.

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

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Inspector of Police, Ezhachembur Police Station, Ramanathapuram District.

2. The Superintendent of Police, Ramanathapuram District.

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

+1 CC to M/s.V.ARANMANAI PANDIAN, Advocate ( SR-16305[F] dated 04/04/2022 ) Crl.O.P.(MD) No.6108 of 2022 04.04.2022 SB(CO) KB(18.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2