Madras High CourtCRL OP(MD)/7002/2022disposed of

Sahaya Sunil v. The Inspector Of Police

2022-04-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.7002 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7002 of 2022 Sahaya Sunil

...Petitioner

Vs.

1. The State represented by The Inspector of Police, Pudukadai Police Station, Kanyakumari District.

2. Antony

3. Kilpart

4. Dominic Xavier

5. Anish

6. Suresh

7. Jimal

8. Simson

9. Sargan 10.Joseph Kennadi 11.Subiston 12.Arul Seelan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent to act upon the order passed by the Judicial Magistrate No.II (FAC), Kuzhithurai in Cr.M.P.No.653 of 2022, dated 05.03.2022 and investigate the case in accordance with law.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R.1 (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the first respondent to act upon the order passed by the Judicial Magistrate No.II (FAC), Kuzhithurai in Cr.M.P.No.653 of 2022, dated 05.03.2022 and investigate the same.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.7002 of 2022

2. The petitioner lodged a complaint after the occurrence took place on 09.01.2022 before the first respondent. However, FIR was not registered and as such the petitioner was constrained to file a complaint for the offence under Section 156(3) Cr.P.C in Cr.M.PNo. 653 of 2022 before the learned Judicial Magistrate No.II, (FAC), Kuzhithurai. The learned Judicial Magistrate by an order dated 05.03.2022 directed the first respondent to register an FIR and investigate the case in accordance with law.

3. In view of the above, the first respondent is directed to register the FIR as directed by the learned Judicial Magistrate, Kuzhithurai in Cr.M.P.No. 653 of 2022, dated 05.03.2022 forthwith and investigate the same.

4. Accordingly, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The Judicial Magistrate No.II (FAC), Kuzhithurai.

2. The Inspector of Police, Pudukadai Police Station, Kanyakumari District.

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

+1 CC to M/s.T. LENIN KUMAR, Advocate (SR-20385[F] dated 22/04/2022) Crl.O.P.(MD) No.7002 of 2022 20.04.2022 mga MS/06.05.2022/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2