Madras High CourtCRL OP(MD)/13943/2024disposed of

Mariraja v. The Superintendent Of Police

2024-08-23Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Mariraja ... Petitioner Vs.

1.The State represented by its The Superintendent of Police, Tenkasi District.

2.The State rep. by The Inspector of Police, Sampavar Vadakarai Police Station, (S.V.Karai Police Station), Tenkasi District.

3.Sowarnamuthunayagi 4.Devaraj 5.Kalyani ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent to comply the order made in Crl.M.P.No. 1070 of 2024 on the file of the District Munsif cum Judicial Magistrate, Sengottai dated 18.04.2024 and consequently register the FIR. 1/4

For Petitioner : M/s.S.Meena For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Government Pleader

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the second respondent to comply the order made in Crl.M.P.No.1070 of 2024 on the file of the District Munsif cum Judicial Magistrate, Sengottai dated 18.04.2024 and consequently register the FIR.

2. It is seen from the records that the learned Judicial Magistrate has passed an order in Cr.M.P.No.1070 of 2024 on 18.04.2024 directing the respondents police to conduct preliminary enquiry and if the complaint discloses any cognizable offence, proceed with case and if they are at the opinion that the complaint was mistake of fact, to file a closure report.

3. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that enquiry was conducted and final report is made ready.

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4. Considering the submission made by the learned Additional Public Prosecutor, the second respondent is directed to submit the final report before the jurisdictional Court within a period of one week from the date of receipt of a copy of this order after serving copy of the same to the petitioner. The petitioner is at liberty to take appropriate action in the manner known to law.

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

23.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Sampavar Vadakarai Police Station, (S.V.Karai Police Station), Tenkasi District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 23.08.2024 4/4