Madras High CourtCRL OP(MD)/7091/2022disposed of

P. Selvaraj v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7091 of 2022 P.Selvaraj

...Petitioner

Vs.

The Inspector of Police, Kulasekaram Police Station Kanyakumari District

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to comply the order passed by the learned Judicial Magistrate Court No.II, Padmanabhapuram in CR.MP.No.635 of 2020 dt.7/4/2021 and to take action against the accused person in accordance with law.

For Petitioner : Mr.J.Sulthan Basha for M/s.Ajmal Associates For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the respondent to comply the order passed by the learned Judicial Magistrate Court No.II, Padmanabhapuram in CR.MP.No.635 of 2020 dt.7/4/2021 and to take action against the accused person in accordance with law.

2. The petitioner has lodged complaint before the respondent, however the respondent did not enquire the same and as such the petitioner was constrained to file a petition in Cr.M.P.No.635 of 2020 before the learned Judicial Magistrate, Padmanbhapuram and the learned Magistrate by an order dated 07.04.2021 had directed the respondent to enquire and file a report.

3. It is seen that when the magistrate has specifically directed the respondent to conduct investigation after registration of the First Information Report, as contemplated under Section 156

(3) of Cr.P.C., the respondent ought to have register the First Information Report and concluded the investigation, but the respondent without even registering the First Information Report, simply closed the complaint.

4. In view of the same the closure report submitted by the respondent is set aside and the respondent is directed to register the First Information Report forthwith and complete the investigation within a period of two weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Inspector of Police, Kulasekaram Police Station Kanyakumari District

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

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-19269[F] dated 19/04/2022 ) Crl.O.P.(MD) No.7091 of 2022 18.04.2022 VR(CO) KB(27.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2