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Madras High CourtCRL OP(MD)/5563/2024closed

M.R.Rajendran v. The Superintendent Of Police

2024-04-12Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI R.Rajendran ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur District.

2.The Deputy Superintendent of Police, Thiruvidaimaruthur Division, Thanjavur District.

3.The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

4.T.R.Sridharan 5.K.B.Baskar 6.M.S.Ravi ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent herein to comply the order made in Cr.M.P.No.577 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur dated 02.03.2024 to register the FIR within time stipulated as may be fixed by this Court. For Petitioner : Mr.K.Dinesh 1/4

For R1 to R3 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

ORDER

The petitioner appears to have lodged a complaint before the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur in Cr.M.P.No. 577 of 2024 alleging that the petitioner was assaulted by the private respondents herein in the meeting held on 08.01.2024. The said complaint was forwarded under Section 156(3) Cr.P.C. The petitioner has now approached this Court alleging that the third respondent Police has not registered the case as per the complaint, which has been forwarded under Section 156(3) Cr.P.C.

2.The learned Additional Public Prosecutor appearing for the official respondents submits that based on the complaint given by one Matheshwaran, for the incident that was allegedly happened on 08.01.2024, a case in Cr. No.20 of 2024 was registered as against one Ramakrishnan and Nagendhiran, for the offences under Sections 294(b), 341, 352, 355, 353, 506(1) IPC and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002. He further submits that for the very same incident, the petitioner has filed a complaint before the learned Magistrate stating that he was assaulted by the private respondents herein and the same was forwarded to the third 2/4

respondent Police Station. He further submits that the private respondents were added as accused in Cr.No.20 of 2024 and alteration report was also filed before the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur.

3.This Court heard the rival submissions made on either side and perused the materials available in the record. 4.The petitioner has approached the learned Magistrate with an allegation that the private respondents herein had attacked him in the meeting held on 08.01.2024. For the incident took place on 08.01.2024, already a case was registered in Cr.No.20 of 2024, based on the complaint given by one Matheshwaran. Thereafter, the private respondents herein were also added as accused in Cr.No.20 of 2024, as per the direction given by the learned Magistrate under Section 156(3) Cr.P.C. Therefore, this criminal original petition is closed with liberty to the petitioner to workout his remedy on the outcome of the final report.

12.04.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns 3/4

B.PUGALENDHI,J gns To 1.The Superintendent of Police, Thanjavur District.

2.The Deputy Superintendent of Police, Thiruvidaimaruthur Division, Thanjavur District.

3.The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

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

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