R.Dharmaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.22202 of 2023 R.Dharmaraj ... Petitioner Vs.

1.The Inspector of Police, Sattankulam Police Station, Sattankulam, Sattankulam Taluk, Thoothukudi District.

2.Edwin Selvaraj 3.Stanly 4.Soundaraj ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to set aside the impugned order passed by the learned Judicial Magistrate Court, Sathankulam in Crl MP No.5147/2023 dated 30.10.2023 and also the impugned Report of the 1st respondent dated 04.08.2023 and Subsequently to direct the 1st Respondent to conduct the fair investigation on the complaint dated 31.01.2023 of the petitioner and file report before the jurisdictional Court within stipulated time granted by this Court.

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For Petitioner : Mr.V.Rajiv Rufus For Respondents : Mr.A.Albert James Government Advocate (Crl. Side) for R1

O R D E R

This petition was filed challenging the order passed by the learned Judicial Magistrate, Sathankulam in Crl.M.P.No.5147 of 2023, dated 30.10.2023 and also the report of the first respondent dated 04.08.2023 and for a consequential direction to the first respondent to conduct a fair investigation in this case.

2.When the matter came for hearing on 08.12.2023, this Court passed the following order:

"The grievance of the learned counsel for the petitioner is that even though CCTV footage was furnished to the respondent police in respect of the offences committed by the counter party, it was not considered by them. But, they filed a report before the trial Court that no such offence took place.

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2.The learned Government Advocate (Crl.Side) would submit that the said CCTV footage is not available in the enquiry file.

3.The learned counsel for the petitioner is directed to furnish a copy of the CCTV footage to the respondent police. The respondent police may verify the same and after verification, file a report before this Court on 11.01.2024.

4.Post this matter on 11.01.2024."

3.Pursuant to the above order, the petitioner had furnished all the relevant materials to the police. On receipt of the same, an FIR came to be registered in Crime No.1 of 2024 and the same is pending investigation.

4.The learned Government Advocate also confirmed the fact that the FIR was registered and on completion of investigation, police report was filed before the Judicial Magistrate, Sathankulam on 01.03.2024 and it was taken on file in S.T.C.No.137 of 2024. 3/6

5.Recording the above submission, this Criminal Original Petition is closed.

29.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN 4/6

To 1.The Inspector of Police, Sattankulam Police Station, Sattankulam, Sattankulam Taluk, Thoothukudi District.

2.The Additional Public Prosecutor Madurai Bench of Madras High Court.

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N.ANAND VENKATESH,J.

PKN Dated: 29.11.2024 6/6