Madras High CourtCRL OP(MD)/10025/2022disposed of

Periasamy v. The Superintendent Of Police

2022-06-08Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Periasamy ... Petitioner Vs

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

2. The Inspector of Police, Karur District..

3. The Sub Inspector of Police, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second Respondent to register the case against the proposed accused persons based upon the direction of the learned Judicial Magistrate No.II.(FAC),Karur in C.M.P.No.34 of 2022 dt.4.2.2022, within stipulated time fixed by this Court. For Petitioner : Mr. S.Gokulraj For Respondents : Mr.M.Sakthikumar, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction, to direct the second Respondent to register the case against the proposed accused persons based upon the direction of the learned Judicial Magistrate No.II.(FAC),Karur in C.M.P.No.34 of 2022, dated 4.2.2022, within the stipulated time fixed by this Court. 2.The learned counsel appearing for the petitioner has submitted that the petitioner has preferred a private complaint before the learned Judicial Magistrate No.II(FAC), Karur in C.M.P.No.34 of 2022 under Section 156(3) of Cr.P.C. The learned Judicial Magistrate has forwarded the complaint to the second respondent police for conducting further investigation and to register a case. On receiving the complaint from the learned Judicial Magistrate, so far, the second respondent police has not 1/3

completed the investigation and file the final report. Hence, this petition has been filed by the petitioner seeking direction to file a final report.

3.The learned Government Advocate (Crl.Side) has submitted that the respondent police has sent a letter to the learned Judicial Magistrate seeking time for conducting further investigation as they needed some more documents and they have to enquire the VAO and Tahsildar. Only after getting those documents and particulars from the officials, they could proceed with the investigation. 4.I consider the matter in the light of the submissions made by both the parties and perusal of records reveals the facts that the petitioner has lodged a private complaint before the learned Judicial Magistrate No.II (FAC), Karur in C.M.P.No.34 of 2022. It has been forwarded by the learned Magistrate to the second respondent police for further investigation and to file a final report. The said complaint is under investigation on the file of the second respondent police.

5.Considering the nature of the case, the second respondent police is hereby directed to follow the instructions given by the learned Judicial Magistrate No.II(FAC), Karur in C.M.P.No.34 of 2022 and file a final report after conducting investigation, within three weeks, from the date of receipt of a copy of this order. 6.With the above directions, this Criminal Original Petition stands disposed of.

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

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

3. The Inspector of Police, 2/3

4. The Sub Inspector of Police, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.GOKULRAJ, Advocate ( SR-24545[F] dated 08/06/2022 ) 08.06.2022 RK(14/06/2022) 3P 7C 3/3