Madras High CourtCRL OP(MD)/11643/2024disposed of

Mohamed Bahadhu v. The Superintendent Of Police

2024-07-26Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Mohamed Bahadhu ... Petitioner versus

1. The Superintendent of Police, O/o. The Superintendent of Police, Ramanathapuram District.

2. State through The Inspector of Police, Keenikarai Police Station, Ramanathapuram District.

3. Asmarnia

4. Hayasudeen

5. Imamhanif Rasathi

6. The Deputy Superintendent of Police, Ramanathapuram.

(R6 is suo motu impleaded by order dated 26.07.2024) ... Respondents Prayer : Criminal Original Petition filed under Section 528 of 1/5

BNSS r/w. 482 Cr.P.C. to direct the 2nd respondent to implement the order passed by learned Judicial Magistrate No.II, Ramanathapuram in Cr.M.P.No.657 of 2024 datd 25.03.2024.

For Petitioner : M/s.S.Prabha For R1 and R2 : Mr.M.Sakthi Kumar, and R6 Government Advocate (Crl. side)

ORDER

The petitioner, with a grievance that his complaint was not registered by the respondent Police, has approached the learned Judicial Magistrate No.II, Ramanathapuram and filed a petition in Cr.M.P.No.657 of 2024 under Section 156(3) Cr.P.C. seeking a direction to the respondent Police to register FIR as against the private respondents. The learned Judicial Magistrate No.II, Ramanathapuram, on 25.03.2024, passed an order directing the respondent Police to conduct a preliminary enquiry and register a case, if any cognizable offence is made out. Even thereafter, the respondent Police has not registered the case. Therefore, the petitioner is before this Court.

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2. The learned Government Advocate (Crl. Side) fairly submits that the respondent Police has not registered the case.

3. Considering the facts and circumstances of the case, this Court suo motu impleads the Deputy Superintendent of Police, Ramanathapuram as a party to this petition. The learned Government Advocate (Crl. Side) is directed to take notice for the newly impleaded respondent.

4. The Deputy Superintendent of Police, Ramanathapuram, shall look into the complaint of the petitioner and take appropriate action within a period of two weeks from the date of receipt of a copy of this order. If there is any deliberate inaction on the part of the the respondent Police in dealing with the complaint forwarded by the learned Judicial Magistrate, the Deputy Superintendent of Police shall take necessary action as against the concerned Officer. 3/5

5. With the above direction, this Criminal Original Petition is disposed of.

26.07.2024 Index : Yes / No.

Internet: Yes / No.

NCC : Yes/No.

ogy To

1. The Superintendent of Police, O/o. The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Keenikarai Police Station, Ramanathapuram District.

3. The Deputy Superintendent of Police, Ramanathapuram.

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

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B.PUGALENDHI, J.

ogy 26.07.2024 5/5