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Madras High CourtCRL OP(MD)/19480/2019closed

V. Jesudhas v. The Superintendent Of Police

2020-01-07Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD).No. 19480 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No. 19480 of 2019 V. Jesudhas

...Petitioner/Defacto complainant

Vs.

1. The Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Deputy Superintendent of Police, District Crime Branch, District Superintendent office, Nagercoil - 1, Kanyakumari District.

3. The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

... Respondents/Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the third respondent to register a case on the complaint of the petitioner, dated 12.09.2018 as per the direction issued by the learned Judicial Magistrate No.I, Nagercoil passed in Crl.M.P. No. 8110 of 2019 dated 18.10.2019 within a time that may be fixed by this Court.

For Petitioner : Mr.S.C. Herold Singh For Respondents: Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the third respondent to register a case based on a complaint of the petitioner, dated 12.09.2018 as per the direction issued by the learned Judicial Magistrate No.I, Nagercoil passed in Crl.M.P. No. 8110 of 2019 dated 18.10.2019 within a time frame that may be fixed by this Court.

2. The learned counsel appearing for the petitioner would submit that the petitioner has filed a petition in Crl.M.P. No. 8110 of 2019 before the learned Judicial Magistrate No.I, Nagercoil, seeking for a direction to register a case for the offences under Sections 120B, 406 & 420 of IPC against the accused. The learned Magistrate, by order, dated 18.10.2019 had forwarded the complaint to the District Crime Branch to investigate the illustrations and if it is found that any offence is made out to register a First Information Information and had directed the respondents to file a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No. 19480 of 2019 report on 21.11.2019. Despite the order passed by the Court below the respondents have not register a case.

3. Today, when the matter is taken up for hearing, the learned Additional public Prosecutor would submit that based on the directions issued by the learned Judicial Magistrate No.I, Nagercoil, enquiry was conducted by the respondents and have found that no case has been made out for registering a case and hence, the enquiry has been closed and the report has also been filed before the learned Judicial Magistrate No.I, Nagercoil on 31.12.2019. The statement is recorded.

4. Recording the statement, the Criminal Original Petition stands dismissed. The petitioner is at liberty to proceed in accordance with law. The respondents are directed to furnish a copy of the report to the petitioner.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa To

1. The Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Deputy Superintendent of Police, District Crime Branch, District Superintendent office, Nagercoil - 1,Kanyakumari District.

3. The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-668[F] dated 08/01/2020 Crl.O.P.(MD).No. 19480 of 2019 07.01.2020 SMA/28/01/2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2