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Madras High CourtCRL OP(MD)/15598/2020disposed of

Y.Ezhil v. The Superintendent Of Police

2022-02-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.15598 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15598 of 2020 Y.Ezhil ... Petitioner Vs.

1. The Superintendent of Police, Kanyakumari District at Nagercoil.

2. The Inspector of Police, Marthandam Police Station, Kanyakumari District.

... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent to register the case on the petitioner's complaint dated 20.07.2017 and to investigate the same by complying the order passed by Learned Judicial Magistrate Kuzhithurai in CMP.No.9239 of 2018 dated 10.12.2018. For Petitioner : Mr.A.Balakrishnan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent to register the case on the petitioner's complaint dated 20.07.2017 and to investigate the same by complying the order passed by Learned Judicial Magistrate Kuzhithurai in CMP.No.9239 of 2018 dated 10.12.2018.

2.The petitioner lodged complaint before the second respondent as against the accused person. However, the said complaint was not enquired and as such the petitioner was constrained to file a petition before the learned Judicial Magistrate, Kuzhithurai No.I in C.M.P.No.9239 of 2018 and sought for a direction under Section 156

(3) of Criminal Procedure Code.

3.The learned Judicial Magistrate No.I, Kuzhithurai by an order dated 10.12.2018 forwarded the complaint to the second respondent to investigate the matter as per law. However, it is pending on the file of the second respondent without registering any FIR as directed by the learned Judicial Magistrate No.I, Kuzhithurai. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the above, the second respondent is directed to register the FIR as directed by the learned Judicial Magistrate

Crl.O.P.(MD)No.15598 of 2020 No.I, Kuzhithurai by an order dated 10.12.2018 in C.M.P.No.9239 of 2018 forthwith and conduct investigation.

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

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To:

1. The Judicial Magistrate No.1, Kuzhithurai.

2. The Superintendent of Police, Kanyakumari District at Nagercoil.

3. The Inspector of Police, Marthandam Police Station, Kanyakumari District.

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

+1 CC to M/s.A.BALAKRISHNAN, Advocate ( SR-6307[F] dated 15/02/2022 ) Crl.O.P.(MD)No.15598 of 2020 15.02.2022 MGJ(28.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/