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Madras High CourtCRL OP(MD)/15477/2023disposed of

P.Muthukrishnan v. The Superintendent Of Police

2023-09-07Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN R.Muthukrishnan ... Petitioner Vs.

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

2.State through The Sub-Inspector of Police, Alagappapuram Police Station, Karaikudi, Sivagangai District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to register the FIR in petitioner's complaint dated 03.01.2023 and comply the order of the learned Judicial Magistrate, Karaikudi in Cr.M.P.No.1042/2023, dated 02.06.2023.

For Petitioner : Mr.P.Aju Tagore For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/5

O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the second respondent police to register the FIR pursuant to the complaint of the petitioner, dated 03.01.2023 as directed by the learned Judicial Magistrate, Karaikudi in Cr.M.P.No.1042/2023, dated 02.06.2023.

2. It is submitted by the learned counsel for the petitioner that when the police have failed to take any action on the complaint given by the petitioner, the petitioner has approached the learned Judicial Magistrate, Karaikudi and filed a complaint under Section 200 Cr.P.C., in Cr.M.P.No.1042 of 2023 and the same was forwarded to the respondent police under Section 156(3) Cr.P.C., However, no case has been registered, therefore, sought for suitable directions.

3. The learned Government Advocate (Crl.side) appearing for the respondents submitted that soon after the receipt of the direction from the learned Magistrate in Cr.M.P.No.1042 of 2023, enquiry has been initiated and summon 2/5

was issued to the petitioner to appear before the police on 30.07.2023, however, the petitioner has failed to appear before the police. He would further submit that if the petitioner appears before the police, the police will complete the investigation and register the FIR.

4. Considering the submissions made by the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side), this Criminal Original Petition is disposed of directing the respondent police to comply with the direction of the learned Magistrate passed in Crl.M.P.No.1042 of 2023 as quickly as possible not later than one week from the date of receipt of a copy of this order. The petitioner is directed to appear before the respondent police and co-operate for enquiry.

Speaking : Yes / No 07.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No am 3/5

To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Sub-Inspector of Police, Alagappapuram Police Station, Karaikudi, Sivagangai District.

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

4/5

DR.D.NAGARJUN. J.

am Crl.O.P.(MD)No.15477 of 2023 07.09.2023 5/5