Madras High CourtCRL OP(MD)/15590/2023disposed of

Reeja v. The Superintendent Of Police

2023-09-08Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.15590 of 2023 Reeja ... Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.

..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction to the 2nd Respondent Police to comply the direction issued by the learned Judicial Magistrate Court No.II, Kuzhithurai under Section 156(3) of Cr.P.C., in Crl.M.P.No.10050 of 2022 dated 26.09.2022 and to register case and complete the investigation and file final report within the time stipulated by this Court.

For Petitioner :Mr.M.R.Sreenivasan For Respondents :Mr.SS.Madhavan 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 respondent police to register a case basing on the direction given by the learned Judicial Magistrate Court No.II, Kuzhithurai in Crl.M.P.No.10050 of 2022 dated 26.09.2022. 2.It is submitted by the learned counsel that on a complaint filed by the petitioner under Section 156(3) Cr.P.C., the learned Judicial Magistrate No.II, Kuzhithurai has directed the police as under:- "2.Complainant present, records perused, Prima facie material available to proceed the case for preliminary enquiry. Hence the petition is forwarded to Inspector of Police, Colachel All Women Police Station. The Inspector of Police is directed to conduct enquiry and proceed the matter as per law and submit detailed report on or before 10.11.2022."

3.In spite of sending the proceedings in the month of September, 2022, the police have not registered the FIR and therefore, sought for suitable directions. 2/5

4.The learned Government Advocate (Crl.side) submits that within a week, the case will be registered as directed by the learned Magistrate. The same is recorded.

5.Considering the submissions made by the learned counsel on either side and on perusal of the records, this Petition is disposed of directing the respondent police to register the case as submitted by the learned Government Advocate (Crl.side) within a period of two weeks from the date of receipt of a copy of this order.

Speaking : Yes / No 08.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Judicial Magistrate No.II, Kuzhithurai. 2.The Superintendent of Police, Kanyakumari District, at Nagercoil.

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3.The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.15590 of 2023 08.09.2023 5/5