Madras High CourtCRL OP(MD)/7763/2023disposed of

S.L.Thamotharan v. The Commissioner Of Police

2023-04-26Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.7763 of 2023 S.L.Thamotharan ... Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2.The Inspector of Police, Theppakulam Crime Police Station, Madurai (City).

3.S.M.Ramkumar 4.S.R.Sumathi 5.K.R.Suseela ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction directing the Respondent No.2 to comply the order passed by the Judicial Magistrate No.1, Madurai, in Crl.M.P.No. 1165/2023, dated 13.06.2022 and to register the first information report against the Respondents 3 to 5 within the time fixed by this Court. For Petitioner : Mr.V.Selvakumar For Respondents : Mr.B.Nambiselvan R1 & R2 Additional Public Prosecutor 1/4

O RDER This petition is filed seeking a direction to the Respondent No.2 to comply the order passed by the Judicial Magistrate No.1, Madurai, in Crl.M.P.No.1165/2023, dated 13.06.2022 and to register the first information report against the Respondents 3 to 5 within the time fixed by this Court.

2.The learned Additional Public Prosecutor would submit that in pursuance to the order passed by the learned Judicial Magistrate No.I, Madurai, in Crl.M.P.No.1165 of 2023, dated 13.06.2022, enquiry is undertaken. During the course of enquiry, it was found that the issue is between landlord and tenant, over which, a suit in O.S.No.404 of 2022 is pending. On the basis of the complaint given by one Suseela a case in Crime No.498 of 2021 was also registered against this petitioner. The above said investigation is also pending. On the basis of the above, the complaint has been closed.

3.Let the closure report be served upon the petitioner, so that he can workout his remedy through appropriate proceedings. 2/4

4.Accordingly, this criminal original petition is disposed of. Index : Yes/No 26.04.2023 Internet : Yes/No TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2.The Inspector of Police, Theppakulam Crime Police Station, Madurai (City).

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

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G.ILANGOVAN. J.

TM 26.04.2023 4/4