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Madras High CourtCRL OP(MD)/19269/2018disposed of

Marimuthu v. The Superintendent Of Police

2018-10-26Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.19269 of 2018 Marimuthu : Petitioner Vs.

1.The State represented by The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

: Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the second respondent to register the complaint and take necessary action pursuance of the directions given by the learned Judicial Magistrate No.I, Sivagangai in Crl.M.P.No.5263 of 2017 dated 22.01.2018.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.Anandharaj Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to direct the second respondent herein to register the complaint and take necessary action pursuant of the directions given by the learned Judicial Magistrate No.I, Sivagangai, in Crl.M.P.No.5263 of 2017, dated 22.01.2018.

2.The learned counsel appearing for the petitioner would submit that an order was passed by the learned Judicial Magistrate No.I, Sivagangai on 22.01.2018, directing the second respondent herein, to register an F.I.R based on the complaint given by the petitioner. According to the learned counsel appearing for the petitioner, till date, the respondent Police have not registered an F.I.R. Therefore, this petition has been filed seeking for a direction to the respondent Police to register an F.I.R.

3.This Court has already given detailed guidelines to the Police in the entire State of Tamil Nadu in the Division Bench Judgment in CrlOP(MD)No.13681 of 2018 , wherein the Police is duty bound to register an F.I.R. wherever an order is passed by the https://hcservices.ecourts.gov.in/hcservices/

learned Magistrate under Section 156(3) Cr.P.C. If an F.I.R. is not registered even pursuant to the order passed by the learned Magistrate under Section 156(3), departmental action will have to be taken against the Police for disobedience of the order passed by this Court.

4.In the facts and circumstances of the case, the second respondent is directed to register an F.I.R. Immediately. 5.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Judicial Magistrate No.I, Sivagangai.

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

3.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

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

+1CC to Mr.B.Jameel Arasu, Advocate, SR.No.92493 Crl.O.P.[MD].No.19269 of 2018 26.10.2018 TSG ES/SKN/RSK/SAR 1/29.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/