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Madras High CourtCRL OP(MD)/23136/2022disposed of

M.Shanmugam v. The Commissioner Of Police

2023-01-02Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR M.Shanmugam, : Petitioner Vs

1. The Commissioner of Police, Madurai City, Alagarkovil Road, Madurai.

2. The Inspector of Police, Central Crime Branch, Madurai City, Madurai.

3. The Sub Inspector of Police, Central Crime Branch, Madurai City, Madurai.

4. C.Dharmaraj,

5. V.Jayaraman, : Respondents 1/5

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the respondents 1 to 3 complete the enquiry in compliance with the order passed by the learned Judicial Magistrate No.I, Madurai made in Cr.M.P.No.3825 of 2022, dated 25.11.2022, by following the guidelines issued by the Hon'ble Supreme Court of India in the case of Lalitha Kumari Vs Government of Uttar Pradesh reported in 2013 (6) CTC 353, within the time stipulated by this Court.

For Petitioner : Mr.P.Mahendran For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the respondents 1 to 3 to complete the enquiry in compliance with the order passed by the learned Judicial Magistrate No.I, Madurai, made in Cr.M.P.No. 3825 of 2022, dated 25.11.2022.

2.It is evident from the records that based on the complaint lodged by 2/5

the petitioner, the learned Judicial Magistrate No.I, Madurai, vide order, dated 25.11.2022, in Cr.M.P.No.3825 of 2022, directed the Station House Officer, Central Crime Branch, Madurai City, to conduct preliminary enquiry and in the result, if any cognizable offence is made out, the Station House Officer shall register an FIR and proceed in accordance with law. 3.The learned Counsel appearing for the petitioner would submit that the Sub-Inspector of Police, Central Crime Branch, Madurai City, was threatening the petitioner to withdraw the said complaint. 4.The learned Additional Public Prosecutor would submit that the Station House Officer is on leave and she is about to join duty on 03.01.2023. 5.In pursuance of the directions issued by the learned Judicial Magistrate No.I, Madurai, in Cr.M.P.No.3825 of 2022, dated 25.11.2022, the Inspector of Police, Central Crime Branch, Madurai City, is directed to conduct a preliminary enquiry and proceed in accordance with law. 3/5

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

02.01.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No lr To

1. The Commissioner of Police, Madurai City, Alagarkovil Road, Madurai.

2. The Inspector of Police, Central Crime Branch, Madurai City, Madurai.

3. The Sub Inspector of Police, Central Crime Branch, Madurai City, Madurai.

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

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K.MURALI SHANKAR , J.

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