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Madras High CourtCRL OP(MD)/18082/2022dismissed

Rangarajan Narasimhan (Party In Person) v. The Director General Of Police

2022-10-17Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.18082 of 2022 Rangarajan Narasimhan

...Petitioner

vs 1.The Director General of Police, Tamil Nadu Police Department, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

2.The Commissioner of Police, Trichy City.

3.The Inspector of Police, Session Court Police Station, Trichy Combined Court Campus, Trichy.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue suitable directions to the respondents to file a First Information Report on the Petitioner's complaint, dated 24.04.2022 to the learned Principal and Sessions Judge, Trichy, which was forwarded to the third Respondent on the same date to investigate the crime.

For Petitioner : Mr.Rangarajan Narasimhan Party-in-person For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

O R D E R

This Petition is filed seeking for a direction to the Respondent Police to file a First Information Report on the Petitioner's complaint, dated 24.04.2022 to the learned Principal and Sessions Judge, Trichy. 2.The Petitioner submitted that he was attacked in the Court premises by Advocates, namely, Navamanivel and Kishore. He had immediately informed the same to the Principal District Judge. It is his contention that he is conducting cases in various Courts, ie., Madras High Court, Madurai Bench of Madras High Court and Trichy District Courts. He is unable to attend the Court due to the threat of the said Advocates. His complaint to the learned Principal District Judge was not attended. The learned Principal District and Sessions Judge had forwarded the complaint of the Petitioner to the jurisdictional Police Station through Public Prosecutor. For some time, the Police had granted him protection. But for reasons best known to the Respondent Police, they had withdrawn the protection. Therefore, he had filed this Petition.

3.The learned Additional Public Prosecutor, by way of reply, submitted that this Petition is not maintainable, as per the reported 2/5

Rulings of this Court in CDJ 2018 MHC 5100, in the case of G.Prabakaran vs The Superintendent of Police, Thanjavur District and another.

4.As per the said Ruling, the litigants shall not approach the High Court directly seeking investigation under Section 482 Cr.P.C., without exhausting the remedy available to the citizens of this country under Section 156 Cr.P.C., Therefore, the learned Additional Public Prosecutor seeks to dismiss this petition.

5.Considering the submission of the learned Additional Public Prosecutor, this Petition is dismissed with the direction to the Petitioner to approach the learned Judicial Magistrate-II, Trichy, and to file a complaint under Section 156 of Cr.P.C. 17.10.2022 Index:Yes/No cmr 3/5

To 1.The Principal District and Sessions Judge, Trichy. 2.The Judicial Magistrate-II, Trichy.

3.The Director General of Police, Tamil Nadu Police Department, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

4.The Commissioner of Police, Trichy City.

5.The Inspector of Police, Session Court Police Station, Trichy Combined Court Campus, Trichy.

4/5

SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.18082 of 2022 17.10.2022 5/5