A.Senthil Kumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN A.Senthil Kumar ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai Circle, Karur District.

3.The Inspector of Police, Thogamalai Police Station, Kulithalai, Karur District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the respondents to comply with the order and to take appropriate action based on order in C.M.P.No.1003 of 2023 in Judicial Magistrate Court No.I, Kulithalai, Karur District, dated 03.05.2023 and register the case on the basis of the petitioner's 1/5

complaint, dated 01.04.2023.

For Petitioner : Mr.J.Imran Khan For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking direction to the the respondents to comply with the order and to take appropriate action based on order in C.M.P.No.1003 of 2023 in Judicial Magistrate Court No.I, Kulithalai, Karur District, dated 03.05.2023 and register the case on the basis of the petitioner's complaint, dated 01.04.2023. 2.The learned counsel for the petitioner would submit that there was a land dispute between the parties. Over which the petitioner and his family members were assaulted by the accused persons. Therefore, the petitioner gave a complaint before the 3rd respondent police. It was not enquired proper. But, counter complaint given by the accused persons against the petitioner was registered in Crime No.131 of 2023. Therefore, the petitioner approached the learned Judicial Magistrate No.I, Kulithalai, by way filing an application under Section 156(3) Cr.P.C. The learned Judicial Magistrate No.I, Kulithalai, vide order 2/5

dated 03.05.2023, in Crl.M.P.No.1003 of 2023, directed the respondent police to enquire the complaint lodged by the petitioner, in accordance with law and file a report before the Court on or before 10.05.2023. But, the respondent police has not take any steps to comply the above said order. Hence, the present petition before this Court. 3.The learned Additional Public Prosecutor would submit that further action will be taken on the petitioner's complaint, in pursuance of the order passed by the learned Judicial Magistrate No.I, Fast Track Court, Kulithalai, Karur District, in Crl.M.P.No.1003 of 2023, dated 03.05.2023. They will complete the enquiry as early as possible as per the direction of the trial Court.

4.Recording the above said undertaking given by the learned Additional Public Prosecutor, there shall be a direction to the respondents to comply the order of the trial Court forthwith and file the report before it as already directed.

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5.With the above said directions, this criminal original petition stands disposed of.

15.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Superintendent of Police, Office of the Superintendent of Police, Karur, Karur District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai Circle, Karur District.

3.The Inspector of Police, Thogamalai Police Station, Kulithalai, Karur District.

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

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G.ILANGOVAN ,J.

TM 15.06.2023 5/5