Madras High CourtCRL OP(MD)/10875/2021disposed of

M.K.Ramachandran v. The Superintendent Of Police

2021-08-09Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.10875 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.10875 of 2021 M.K.Ramachandran ... Petitioner Vs.

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

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

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent to instruct the 2nd respondent to register the case/FIR based on the proceedings in Aa.Ka.No.265/2020 dated 24.03.2020 issued by the learned Judicial Magistrate, Elayankudi and also direct the 2nd respondent to conduct the investigation as per the mandatory provisions of law and as per the dictum of Hon'ble Supreme Court held in the case of Lalithakumari Vs. State of U.P.

For Petitioner : Mr.T.Indrachithu For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

This Criminal Original Petition is filed seeking a direction to the 1st respondent to instruct the 2nd respondent to register the case/FIR and to conduct the investigation, based on the proceedings in Aa.Ka.No.265/2020 dated 24.03.2020 issued by the learned Judicial Magistrate, Elayankudi.

2.The grievance of the petitioner is that even after a direction has been issued by the learned Judicial Magistrate, Elayankudi in Crl.M.P.No.435 of 2020, no case has been registered so far.

3.The learned Additional Public Prosecutor (Crl.Side) appearing for the respondents submitted that based upon the direction issued by the learned Judicial Magistrate, Elayankudi, a case has been registered for the offences punishable under Sections 120, 147, 294 (b), 406, 420 and 506(2) IPC on 05.08.2021. A copy of the FIR has been circulated by the learned Additional Public Prosecutor (Crl.Side) to this Court. Since the grievance of the petitioner has https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10875 of 2021 been redressed and the order passed by the learned Judicial Magistrate, Elayankudi has been complied with, nothing survives for further consideration in this petition.

4.Recording the statement made by the learned Additional Public Prosecutor (Crl.Side), this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Superintendent of Police, Sivagangai District, Sivagangai.

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

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

Crl.O.P.(MD)No.10875 of 2021 09.08.2021 ES(CO) KB(19.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2