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Madras High CourtCRL OP(MD)/17927/2024disposed of

A.Sakthivel v. The State Of Tamil Nadu

2024-10-19Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR A.Sakthivel ... Petitioner Vs.

1.The State of Tamil Nadu rep.by The Commissioner of Police, City Crime Branch, Tirunelveli City.

2. State of Tamil Nadu rep.by The Inspector of Police, Perumalpuram Police Station, Tirunelveli City.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent to comply with the order passed by the Judicial Magistrate No.I, Tirunelveli in Crl.M.P.No.14110 of 2024, dated 20.09.2024 and to register the case upon the complaint given by the petitioner, dated 03.08.2024 and 19.08.2024 within time stipulated by this Court.

For Petitioner : Mr.M.Perumal, For Respondents : Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) 1/4

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the second respondent to comply with the order passed by the Judicial Magistrate No.I, Tirunelveli in Crl.M.P.No.14110 of 2024, dated 20.09.2024 and to register the case upon the complaint given by the petitioner, dated 03.08.2024 and 19.08.2024 within time stipulated by this Court.

2. It is evident from the records that the petitioner has filed a petition under Section 156(3) of Cr.P.C., and the learned Magistrate has passed an order, dated 20.09.2024 forwarding the petition to the Inspector of Police, Perumalpuram Police Station to make preliminary enquiry and take necessary action as per law and file a report before the Court.

3.Since the order came to be passed on 20.09.2024 and no time limit was fixed, this Court is at loss to understand the urgency to file the above petition.

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4.The learned Government Advocate (Criminal Side) appearing for the State would submit that though notice were sent to the petitioner as well as the respondent, the respondent has not turned up and the petitioner is not cooperating with the enquiry.

5. Recording the submission made by the learned Government Advocate (Criminal Side), the second respondent is directed to issue notice to the petitioner as well as the respondent in the petitioner's complaint and comply with the directions issued by the learned Magistrate and submit a report before the concerned Court within a period of two weeks from the date of receipt of copy of this order.

6. With the above directions, this Criminal Original Petition stands disposed of.

19.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The Commissioner of Police, City Crime Branch, Tirunelveli City.

2.The Inspector of Police, Perumalpuram Police Station, Tirunelveli City.

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

Order made in Dated: 19.10.2024 4/4