Madras High CourtCRL OP(MD)/16836/2019disposed of

Jaffer Ali v. The Inspector Of Police

2019-11-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.16836 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.16836 of 2019 Jaffer Ali ... Petitioner Vs.

The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District. ... Respondent PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the Judicial Magistrate, Thiruvaiyaru to number the complaint filed by the petitioner on 25.03.2019 in SR.No.1230 and proceed with the same in accordance with law.

For Petitioner : Mr.M.P.Senthil For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This petition has been filed for a direction to direct the Judicial Magistrate, Thiruvaiyaru to number the complaint filed by the petitioner on 25.03.2019 in SR.No.1230 and proceed with the same in accordance with law.

2.The learned counsel appearing for the petitioner would submit that the petitioner lodged a complaint before the Judicial Magistrate, Thiruvaiyaru and the same has been repeatedly returned for various reasons. Though the complaint has been corrected and the same has been filed before the Judicial Magistrate and returned the same once again for the reason that the complaint does not have the particulars about the place of crime committed by the accused persons.

3.Heard Mr.M.P.Senthil, learned counsel appearing for the petitioner and Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl. Side) appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.16836 of 2019 4.Considering the facts and circumstances of the case, the Judicial Magistrate, Thiruvaiyaru, is directed to take the complaint on file and assign the number. Thereafter verify the complaint and follow the procedure laid down under Section 202 Cr.P.C., and conduct enquiry. If any cognizable offence is made out against the accused proceed further if not, pass appropriate orders on merits in accordance with law.

5.With the above directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CRL SIDE) // True Copy // Sub Assistant Registrar(CS) vsg To 1.The Judicial Magistrate, Thiruvaiyaru.

2.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

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

+1 CC to Mr.M.P. SENTHIL, Advocate ( SR-99303[F] dated 19/11/2019 ) Crl.O.P.(MD).No.16836 of 2019 18.11.2019 VB(06.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2