Madras High CourtCRL OP(MD)/10711/2020allowed

A.Chandrabose v. The Inspector Of Police

2022-02-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.10711 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.10711 of 2020 A.Chandrabose ... Petitioner Vs.

1.The Inspector of Police (Crime), Vilakkuthoon Police Station, Madurai City.

2.P.Kalaiyarasi 3.Balaji ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to register a case on the basis of the order passed by the Judicial Magistrate Court No.1 (FAC), Madurai in Cr.M.P.No.1520 of 2020 dated 05.09.2020 in the petition filed under Section 156(3) of Cr.P.C. For Petitioner : Mr.R.Murugappan For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to direct the first respondent to register a case based on the order passed by the Judicial Magistrate Court No.1 (FAC), Madurai in Cr.M.P.No.1520 of 2020 dated 05.09.2020 in the petition filed under Section 156(3) of Cr.P.C.

2.It appears that the petitioner has lodged a complaint before the first respondent as against the second and third respondent herein. Since the first respondent did not take any action on the complaint lodged by the petitioner, the petitioner was constrained to approach the learned Judicial Magistrate Court No.1 (FAC), Madurai under Section 156(3) Cr.P.C. The learned Magistrate in Cr.M.P.No.1520 of 2020 dated 05.09.2020 directed the first respondent to register the First Information Report and investigate the same, as per the guidelines issued by the Hon'ble Supreme Court of India. However, even till today, the first respondent did not register the First Information Report as directed by the Court below. 3.Considering the facts and circumstances of the case, the first respondent is directed to register the First Information Report as directed by the Judicial Magistrate Court No.1 (FAC), https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10711 of 2020 Madurai in Cr.M.P.No.1520 of 2020 dated 05.09.2020 forthwith and proceed with the investigation.

4.With the above directions, the Criminal Original Petition is allowed.

Sd/- Assistant Registrar (A.D II) // True Copy // / /2022 Sub Assistant Registrar(CS) To:

1.The Judicial Magistrate Court No.1 (FAC), Madurai.

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

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

Crl.O.P.(MD)No.10711 of 2020 14.02.2022 RS(26.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2