Madras High CourtCRL OP(MD)/6219/2022disposed of

M.Kokila v. The Superintendent Of Police

2022-04-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.6219 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6219 of 2022 M.Kokila

...Petitioner

Vs.

1. The Superintendent of Police, Dindigul District.

2. The Rural Deputy Superintendent of Police, Dindigul District.

3. The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

4. Mayilsamy

5. Mano Prabakaran

6. A.Kannaiyan

7. Santhi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to implement the order in Crl.M.P.No. 772 of 2022 passed by the Learned Judicial Magistrate No.I, Dindigul Dated 22/02/2022 and direct the 3rd respondent to register the FIR. For Petitioner : Mr.P.Manikandan For Respondents : Mr.R.M.Anbunithi No.1 to 3 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to implement the order passed in Cr.M.P.No.772 of 2022 passed by the learned Judicial Magistrate No.I, Dindigul dated 22.02.2022 and direct the third respondent to register the First Information Report.

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) Cr.P.C before the learned Judicial Magistrate No.I, Dindigul. The learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.6219 of 2022 Magistrate by an order dated 22.02.2022 has directed the third respondent to investigate the same and report. However the third respondent conducted enquiry and closed the same on 27.02.2022 and closure report was also submitted before the learned Magistrate.

3. After issuing direction under Section 156(3) of Cr.P.C the third 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 closure report was also submitted by the third respondent. In view of the same the closure report submitted by the third respondent dated 27.02.2022 is set aside. The third respondent is directed to register the First Information Report as directed by the learned Magistrate in Cr.M.P.No.772 of 2022 dated 22.02.2022 and complete the investigation and file a report before the concerned Court.

4. With the above direction, this petition stands disposed of. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) Aav To

1. The Judicial Magistrate No.I, Dindigul.

2. The Superintendent of Police, Dindigul District.

3. The Rural Deputy Superintendent of Police, Dindigul District.

4. The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

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

+1 CC to M/s.P. MANIKANDAN, Advocate ( SR-16613[F] dated 05/04/2022 ) Crl.O.P.(MD) No.6219 of 2022 05.04.2022 RD(22.04.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2