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Madras High CourtCRL OP(MD)/7788/2022disposed of

S. Muthupandian v. The Superintendent Of Police

2022-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.7788 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7788 of 2022 S.Muthupandian

...Petitioner

Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Devarkulam Police Station, Tirunelveli.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent Police to implement the order in Crl.M.P.No.8387 of 2021, dated 22.11.2021 passed by the learned Judicial Magistrate Court No.III (FAC), Tirunelveli. For Petitioner : Mr.L.George Paul Anto For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the second respondent Police to implement the order in Crl.M.P.No.8387 of 2021, dated 22.11.2021 passed by the learned Judicial Magistrate Court No.III (FAC), Tirunelveli.

2. The petitioner initially lodged a complaint before the second respondent and he was issued C.S.R.No.273 of 2021 on 10.07.2021 itself. However, the second respondent did not register any FIR and as such, the petitioner was constrained to file the petition seeking a direction under Section 156(3) Cr.P.C in Crl.M.P (MD)No.8387 of 2021 on the file of the learned Judicial Magistrate No.III, (FAC), Tirunelveli. The learned Judicial Magistrate, by an order, dated 22.11.2021 directed the second respondent to proceed in accordance with law and report before the Court within one month. Even after the issuance of direction, the second respondent failed to register any FIR and it is kept pending without taking any action as against the accused persons.

3. Considering the above facts and circumstances, the second respondent is directed to register the FIR as against the accused persons as directed by the learned Judicial Magistrate, in Crl.M.P (MD)No.8387 of 2021 forthwith.

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Crl.O.P(MD)No.7788 of 2022

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

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.The Judicial Magistrate No.III, (FAC),Tirunelveli.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Devarkulam Police Station, Tirunelveli.

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

+1 CC to M/s.L. GEORGE PAUL ANTO, Advocate ( SR-21513[F] dated 27/04/2022 ) Crl.O.P.(MD) No.7788 of 2022 27.04.2022 MGJ(24.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/