Madras High CourtCRL OP(MD)/18231/2025disposed of

Rajan v. The State Of Tamil Nadu,

2025-10-29Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN Rajan ... Petitioner Vs.

1.The State of Tamil Nadu rep. by The Superintendent of Police, Office of the District Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Thuckalay Police Station, Thuckalay, Kanyakumari District.

3.Pushparani 4.Pradhap 5.Praveen Pradhap ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to direct the second respondent to conduct enquiry and initiate appropriate action against the third to fifth respondents as per the order dated 06.05.2024 passed by the learned Judicial Magistrate No.I, Padmanabhapuram in Crl.M.P.No.1136 of 2024.

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For Petitioner : Mr.E.J.Daniel Robinson For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed seeking a direction to the second respondent to conduct an enquiry and to initiate appropriate action against the third to fifth respondents, in accordance with the order dated 06.05.2024 passed by the learned Judicial Magistrate No.I, Padmanabhapuram, in Crl.M.P.No.1136 of 2024.

2. The learned Additional Public Prosecutor for the first and second respondents would submit that an enquiry was conducted and a report was filed before the learned Judicial Magistrate on 03.03.2025.

3. The learned counsel for the petitioner, however, would dispute the said fact and submit that no enquiry was conducted.

4. This Court cannot decide the disputed facts in this case. If the petitioner is aggrieved by the non-compliance of the order of the learned Judicial Magistrate by the second respondent, it is for him to approach the Page No. 2 of 4

learned Judicial Magistrate and seek an appropriate remedy in accordance with law.

5. With the above observations, this Criminal Original Petition is disposed of.

29.10.2025 JEN Index: Yes/ No Speaking Order / Non-Speaking Order Copy To:

1.The Judicial Magistrate No.I, Padmanabhapuram, Kanyakumari District.

2.The Superintendent of Police, Office of the District Superintendent of Police, Kanyakumari District.

3.The Inspector of Police, Thuckalay Police Station, Thuckalay, Kanyakumari District.

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

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SUNDER MOHAN , J.

JEN 29.10.2025 Page No. 4 of 4