Madras High CourtCRL OP(MD)/12739/2022disposed of

Rani Leenus Joseph v. The Inspector Of Police

2024-02-07Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.12739 of 2022 Rani Leenus Joseph ... Petitioner Vs.

1.The Inspector of Police, Fort Police Station, (Crime), Fort Crime Police Station, Trichy District.

2.Isabella 3.Rex 4.Suriya 5.Jerry 6.Shobhiya 7.Mercy

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction to the first respondent herein to register the FIR as per the order made in Cr.M.P.No.11253 of 2022 on the file of the learned Judicial Magistrate No.I, Tiruchirappalli, dated 01.06.2022 within the stipulated period as fixed by this Court. For petitioner : Mr.R.Sakthivel For R-1 : Mr.B.Nambiselvan, Additional Public Prosecutor 1/4

O RDER This petition has been filed seeking for a direction to the first respondent herein to register the FIR as per the order made in Cr.M.P.No.11253 of 2022 on the file of the learned Judicial Magistrate No.I, Tiruchirappalli, dated 01.06.2022, within the stipulated period as may be fixed by this Court.

2. The learned counsel appearing for the petitioner would submit that the petitioner has filed Cr.M.P.No.11253 of 2022 before the trial Court and the trial Court vide order dated 01.06.2022 directed the third respondent to investigate the case and register FIR and file a final report within a period of one month from 01.06.2022. But till date, the first respondent Police has not registered the FIR.

3. The learned Additional Public Prosecutor appearing for the respondent Police would submit that as per the direction issued by the trial Court in Cr.M.P.No.11253 of 2022, a case in Crime No.1057 of 2022 for the offence under Sections 406, 420 and 506 (1) IPC has been registered by the first respondent Police against the accused persons and the respondent Police conducted the investigation and on completion of 2/4

investigation, the final report has been filed before the learned Judicial Magistrate No.I, Trichy West and the same has been referred as "Mistake of Fact". He would further submit that no further orders are required to be passed in this petition.

4. Recording the above said submission, the Criminal Original petition stands closed.

07.02.2024 Index : Yes/No Internet : Yes/No TSG To 1.The Judicial Magistrate No.I, Tiruchirappalli. 2.The Inspector of Police, Fort Police Station, (Crime), Fort Crime Police Station, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

M.DHANDAPANI. J.

TSG 07.02.2024 4/4