Madras High CourtCRL OP(MD)/18694/2024disposed of

Sakthivel v. State Of Tamilnadu

2024-10-29Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2024

CORAM

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

1.The Superintendent of Police, Trichy District, Trichy. 2.The Deputy Superintendent of Police, Musiri Sub Division, Musiri, Trichy District.

3.The Inspector of Police, Musiri Police Station, Trichy District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the third respondent to comply the order of the Judicial Magistrate Court, Musiri in Crl.M.P.No.5326 of 2023 dated 28.12.2023 and to register a case on the basis of the petitioner's complaint dated 11.02.2023 within a time frame that may be fixed by this Court. For Petitioner : Mr.D.Anbarasu For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

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ORDER

This Criminal Original Petition has been filed seeking orders to direct the third respondent to comply the order of the Judicial Magistrate Court, Musiri in Crl.M.P.No.5326 of 2023 dated 28.12.2023 and to register a case on the basis of the petitioner's complaint dated 11.02.2023 within a time frame.

2.The learned Judicial Magistrate, Musiri in the order in Crl.M.P.No.5326 of 2023 dated 28.12.2023, directed the third respondent Police to conduct preliminary enquiry and complete the same within a period of six weeks from the date of receipt of a copy of the said order and during the course of the enquiry, if any cognizable offence is made out, he has to take action in accordance with law and in case of closure of complaint, they have to furnish a copy of the closure report tot he defacto complainant, within a period of one week of such closure. 3.The learned Additional Public Prosecutor appearing for the respondents would submit that in pursuance of the direction issued by the learned Magistrate, enquiry was conducted and closure report came to be filed on 05.09.2024. He would fairly submit that the copy of the closure 2/4

report has not been served on the petitioner as directed by the learned Magistrate.

4.Recording the above submission, the third respondent is directed to serve a copy of the closure report to the petitioner/defacto complainant. The petitioner is at liberty to take appropriate proceedings, in accordance with law. Accordingly, this criminal original petition is disposed of.

29.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No gns To 1.The Superintendent of Police, Trichy District, Trichy. 2.The Deputy Superintendent of Police, Musiri Sub Division, Musiri, Trichy District. 3.The Inspector of Police, Musiri Police Station, Trichy District.

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

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K.MURALI SHANKAR,J.

gns 29.10.2024 4/4