Madras High CourtCRL OP(MD)/5983/2023disposed of

T.Elayaraja v. The Inspector Of Police

2023-06-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN T.Elayaraja ... Petitioner Vs

1. The Inspector of Police, City Crime Branch(Ccb), Heber Road, Cantonment, Trichy District.

2. Sengottaiyan

3. Srinivasan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to issue a direction, directing R1 to register the FIR as per order made in Cr.MP.No.28867/2022, on the file of Judicial Magistrate No.1, at Trichy, dated 4/1/2023, within the stipulated period as may be fixed by this Court.

For Petitioner : Mr.R.Sakthivel For R1 : Mr.R.Suresh Kumar, Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to issue a direction to the first respondent to register an FIR, as per order made in Cr.MP.No. 28867/2022, on the file of Judicial Magistrate No.1, at Trichy, dated 04.01.2023, within the stipulated period as may be fixed by this Court. 2.This Court by order, dated 21.04.2023 had directed the first respondent to re-open the above said complaint, in view of death of the accused, namely Kanagavalli. It appears that the above said order was not complied and closure report, dated 20.04.2023 has been produced by the learned Additional Public Prosecutor.

3.The learned counsel for the petitioner submit that he has enclosed the appointment order issued by the counter party who are alive now along with the complaint.

4.Let the above said order of this Court, dated 21.04.2023 be complied first by the first respondent and the enquiry should be concluded within a period of 15 days, from the date of appearance of parties. The order 2/4

enclosed by the petitioner along with the complaint can be taken into account at the time of enquiry.

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

30.06.2023 NCS:Yes/No Internet:Yes/No Index:Yes/No PNM To

1. The Inspector of Police, City Crime Branch(CCB), Heber Road, Cantonment, Trichy District.

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

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G.ILANGOVAN, J.

PNM ORDER IN 30.06.2023 4/4