Madras High CourtCRL OP(MD)/9382/2017disposed of

N.Subramanian v. Rajagopal

2019-09-04Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.No.9382 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.09.2019

CORAM:

THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.9382 of 2017 N.Subramanian ... Petitioner/Complainant Vs.

1.Rajagopal 2.Thirumalai Muthukumarasamy

...Respondent/Accused

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records of the order dated 17.11.2016 in Cr.M.P.No.4640 of 2016 on the file of the learned Judicial Magistrate, Sankarankovil and set aside the same. For Petitioner : Mr.R.Niresh Kumar For Respondents : Mr.M.Jegadeesh Pandian

O R D E R

This petition has been filed against the dismissal of the application filed U/s.156(3) of Cr.P.C.

2.The petition has been dismissed mainly on the ground that the petitioner has not given any complaint before the concerned police station and has directly approached the Superintendent of Police. Therefore the procedure as contemplated U/s.154 of Cr.P.C has not been fulfilled.

3.The learned counsel for the petitioner submitted that liberty may be granted to the petitioner to give a fresh complaint and workout his remedy in accordance with law.

4.This Court does not find any illegality or infirmity in the order passed by the Court below. The petitioner can always give a fresh complaint to the concerned police station and thereafter workout his remedy in accordance with law.

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Crl.O.P.No.9382 of 2017 5.Accordingly, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS ) To The Judicial Magistrate, Sankarankovil.

Crl.O.P.No.9382 of 2017 04.09.2019 CS(20.09.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2