Madras High CourtCRL OP(MD)/12939/2021dismissed as infructuous

M.Sunitha v. The Inspector Of Police

2021-09-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12939 of 2021 M.Sunitha ... Petitioner Vs.

1.The State represented by The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

2.P.Pious Mories 3.Maria Thangam 4.P.Little Flower 5.Selvi Judy Mories 6.P.Jobi Mories 7.Julie Mories 8.Yesu Raj 9.R.G. Ezhilkumar 10.Reghu ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to comply the order passed by the learned Judicial Magistrate, Eraniel in Cr.MP.No.1302 of 2020 dated 03.08.2020 u/s.156(iii) Cr.P.C.

For Petitioner : Mr.S.Ramakrishnan For R1 : Mr.K.Sanjai Gandhi Government Advocate(Crl.side)

O R D E R

This petition is filed seeking a direction to the first respondent to comply the order passed by the learned Judicial Magistrate, Eraniel, in Cr.MP.No.1302 of 2020 dated 03.08.2020 under Section 156(iii) Cr.P.C seeking direction to the first 1/3

respondent herein to register the case and investigate the matter.

2. By order dated 03.08.2020, the learned Judicial Magistrate, Eraniel had directed the first respondent to investigate the matter and file a final report, if any cognizable offence is made out. He has further directed to send a report to the court within a period of one month from the date of the order.

3. When the matter is taken up for hearing, the learned Government Advocate (Crl.side) would submit that enquiry was undertaken and during the course of enquiry, it was found that it is civil dispute between the parties and it was closed on 17.02.2021 giving liberty to the petitioner to work out his remedy as per law.

4. A copy of the closure report shall be circulated to the learned counsel for the petitioner by the learned Government Advocate since the complaint has been closed. The petitioner is directed to work out his remedy as per law before the appropriate forum by appropriate proceedings.

5.With the above said liberty, this petition is dismissed as infructuous.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) CM Note : In view of the present lock down owing to COVID19 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 Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

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

+1 CC to M/s.S.RAMAKRISHNAN, Advocate (SR-28412[F] dated 07/09/2021) Crl.O.P.(MD)No.12939 of 2021 06.09.2021 AC(CO) SB(20.09.2021) 3P 4C 3/3