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Madras High CourtCRL OP(MD)/16635/2024disposed of

P.Thangarasu v. The State Of Tamilnadu Rep. By

2024-09-30Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR P.Thangarasu : Petitioner Vs.

1.The State rep.by The Inspector of Police, District Crime Branch, District Superintendent of Police Office, Thanthonimalai, Karur District.

2.K.Vijayakumar 3.V.N.Kandasamy 4.Santhi Malar 5.Vivek 6.Gunasekaran 7.Kanimozhi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondent police to register the FIR in compliance/obedience of order passed by the Judicial Magistrate Court No.II, Karur in Crl.M.P.No.750 of 2024, dated 22.05.2024 and to investigate into the same in accordance with law.

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For Petitioner : Mr.K.Althaf Sherif, for M/s.Ajmal Associates.

For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for R1.

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the respondent police to register the FIR in compliance/obedience of order passed by the Judicial Magistrate Court No.II, Karur in Crl.M.P.No.750 of 2024, dated 22.05.2024 and to investigate into the same in accordance with law.

2. The learned counsel for the petitioner would submit that the petitioner has filed an application under Section 156(3) Cr.P.C., before the Judicial Magistrate Court No.II, Karur and the learned Judicial Magistrate has forwarded the complaint with a direction to register the FIR and file a final report in accordance with law vide order, dated 22.05.2024 and that despite lapse of three months, they have not registered FIR.

3. The learned Additional Public Prosecutor appearing for the State would submit that the similar complaint was registered in Crime No.1 of 2023, in which the petitioner is one of the accused; that the petitioner has 2/4

not whispered about the pendency of the FIR in the petition filed under Section 156(3) Cr.P.C. He would further submit that the petitioner has filed a writ petition in W.P.(MD)No.15968 of 2023 for taking action against the private respondents and this Court vide order, dated 30.06.2023, directed the Inspector of Police EOW, Karur, to conduct the investigation and in pursuance of the same, investigation is in progress.

4. Considering the above, the first respondent is directed to complete the investigation and file the final report before the jurisdictional Magistrate Court by mentioning the above aspects within a period of one month from the date of receipt of copy of this order. The petitioner is at liberty to take appropriate proceedings in the manner known to law.

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

30.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

DAS To 1.The Judicial Magistrate Court No.II, Karur.

2.The Inspector of Police, District Crime Branch, District Superintendent of Police Office, Thanthonimalai, Karur District.

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

Order made in Dated: 30.09.2024 4/4