Madras High CourtCRL OP(MD)/9566/2025disposed of

Durairaj v. Rajalakshmi

2025-06-17Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Durairaj ... Petitioner Vs.

1.Rajalakshmi 2.S.Anburaj 3.A.Kalaivani 4.C.Raju Nadar 5.The Inspector of Police, District Crime Branch P.S., Ramanathapuram.

... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the fifth respondent herein to comply with the order dated 28.04.2025 made in Cr.M.P.No.521 of 2025 on the file of the learned Judicial Magistrate No.II, Ramanathapuram and consequently register an FIR.

For Petitioner : No Appearance For R5 : Mr.P.Kottaichamy, Government Advocate(Crl.side) 1/5

ORDER

The petitioner has filed this petition with a grievance that even after a direction from the learned Judicial Magistrate No.II, Ramanathapuram under Section 175(3) BNSS, the fifth respondent Police has not registered the case.

2.The case of the petitioner is that he has lodged a complaint before the learned Judicial Magistrate No.II, Ramanathapuram under Section 175(3) BNSS, which was also ordered on 28.04.2025. Even thereafter, the fifth respondent Police has not registered the case. 3.The learned Government Advocate(Crl.side) appearing for the fifth respondent submits that they have sought for certain documents from the petitioner and on receipt of the same, they will take a call on the orders passed by the learned Magistrate, within a reasonable time. 4.This Court is unable to understand the stand taken by the fifth respondent Police. The petitioner initially preferred a complaint before the respondent Police. Since they have not taken any action, he 2/5

approached the learned Judicial Magistrate No.II, Ramanathapuram by filing a private complaint under Section 175(3) BNSS and the learned Magistrate has also forwarded the complaint to the fifth respondent to take action, if any cognizable offence is made out. The fifth respondent Police is expected to verify the complaint as to whether any cognizable offence is made out and if so, take action by registering a case. However, the preliminary enquiry is kept pending for more than six weeks.

5.This Court is not inclined to appreciate the manner in which the the complaint, which has been forwarded by the learned Magistrate, has been treated by the fifth respondent Police. The fifth respondent Police is directed to take a call on the orders passed by the learned Judicial Magistrate No.II, Ramanathapuram, within a period of two weeks from the date of receipt of a copy of this order. Accordingly, this criminal original petition is disposed of.

17.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes 3/5

gns To 1.The Inspector of Police, District Crime Branch P.S., Ramanathapuram.

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

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B.PUGALENDHI,J gns 17.06.2025 5/5