Madras High CourtCRL OP(MD)/13570/2023disposed of

Kuppusamy v. The Superintendent Of Police

2023-07-31Honourable Dr. Justice D.Nagarjun4 pages

Dd cdfddddddc vBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Kuppusamy ... Petitioner Vs 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.Mohan 4.Saravana Pandiyan .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the respondents to comply the order passed by the learned Judicial Magistrate No.II, Ramanathapuram, in Cr.M.P.No.1239 of 2022 dated 24.03.2023.

For Petitioner : Ms.S.Prabha For R-1 & R-2 : Mr.B.Thanga Aravindh Government Advocate (Crl. side) 1/4

O R D E R

This petition is filed under Section 482 of Cr.P.C. seeking for a direction to the respondent Police to comply with the directions of learned Judicial Magistrate No.II, Ramanathapuram, passed in Crl.M.P.No.1239 of 2022 dated 24.03.2023.

2. It is submitted by the learned counsel for the petitioner that even though the complaint filed by the petitioner against the unofficial respondent has been forward to respondent No.2 / Police as per orders in Crl.M.P.No.1239 of 2022, the Police have not registered the FIR. Therefore, sought for suitable directions.

3. On the other hand, learned Government Advocate (Criminal Side) submits that as per the directions of this Court to conduct a preliminary enquiry and in case, if cognizable offence is committed, directed the Police to register FIR and accordingly, the Police stated to have conducted the preliminary enquiry and found that there is no case against the accused and accordingly, a report has been submitted to the learned Magistrate on 22.04.2023 and thereby, nothing is left with the Police. The same is recorded. 2/4

4. Since the respondent Police have completed the investigation and filed a report before the learned Judicial Magistrate, no further directions can be given in this case, in case, if the petitioner has got any grievance in respect of the investigation, he is at liberty to approach the concerned Magistrate Court and file appropriate petition. Since it is submitted that the closure report has not been served on the defacto complainant, the respondent Police are directed to get the same served on the petitioner as quickly as possible.

5. With this observation, this Criminal Original Petition stands disposed of.

31.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 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 Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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DR.D.NAGARJUN, J.

tsg 31.07.2023 4/4