Madras High CourtCRL OP(MD)/12209/2024closed

Saranya v. The Superintendent Of Police

2024-07-31Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Saranya ... Petitioner versus

1. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, District Crime Branch, Collectorate Campus, Virudhunagar, Virudhunagar District.

3. Mariraj @ Marappan

4. Senbagaraj

5. Muthukala

6. Pandiarajan

7. Subbulakshmi ... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. 1/4

to direct the 2nd respondent to comply the order passed in Crl.M.P.No.2524 of 2024 dated 27.05.2024 by Judicial Magistrate Court, Virudhunagar, Virudhunagar District and to register an FIR against the respondents 3 to 7.

For Petitioner : Mr.R.Murugappan For R1 and R2 : Mr.P.Kottaichamy Government Advocate (Crl. Side)

ORDER

The petitioner, with a grievance that her complaint was not registered by the respondent Police, has approached the learned Judicial Magistrate, Virudhunagar and filed a petition under Section 156(3) Cr.P.C., in Crl.M.P.No.2524 of 2024. The learned Judicial Magistrate, by order dated 27.05.2024, forwarded the complaint of the petitioner with a direction to the respondent Police to conduct a preliminary enquiry and if any cognizable offence is made out, register a case. Even thereafter, the respondent has not acted upon the petitioner's complaint. Therefore, the petitioner has filed this petition.

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2. The learned Government Advocate (Crl. Side) submits that as per the direction of the Judicial Magistrate, Virudhunagar, issued in Crl.M.P.No.2524 of 2024, dated 27.05.2024, the respondent Police has conducted a preliminary enquiry. Since it is purely civil in nature, they have submitted a report before the Judicial Magistrate that it is not a case for registration.

3. Since the respondent Police has submitted a report before the Judicial Magistrate, Virudhunagar that it is purely civil in nature, the petitioner shall workout her remedy before the Judicial Magistrate Court concerned.

4. Accordingly, this Criminal Original Petition is closed. 31.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes ogy 3/4

B.PUGALENDHI, J.

ogy To

1. The Inspector of Police, Kadupatti Police Station, Madurai District.

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

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