Allowed

Mohammed Kasim v. the Superintendent of Police

Madras HC12 Feb 2019CRL OP/1825/2019

Case brief

AI extract

What is this about?

In this Criminal Original Petition, the petitioner sought directions under Section 482 CrPC to direct the police to register an FIR and file a final report based on a previous order of the District Munsif-cum-Judicial Magistrate, Nannilam. The court heard the submissions and issued direction to the police to comply with the earlier order within two weeks. With the direction, the petition was allow

What did the court decide?

Directed the second respondent to register a case as against the accused person within two weeks and allowed the petition.

Mohammed Kasim Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.02.2019 CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.1825 of 2019

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Mohammed Kasim ... Petitioner

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Vs.

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State represented by

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1.The Superintendent of Police, Thiruvarur District, Thiruvarur.

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2.The Inspector of Police, Peralam Police Station, Thiruvarur District. ... Respondents

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PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register First Information Report and to file a final report based on the order dated 05.11.2016 passed by the learned Judicial Magistrate, Nannilam in Crl.M.P.No.5483 of 2016.

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For Petitioner : Mr.C.R.Malarvannan

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For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

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O R D E R

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This Criminal Original Petition has been filed by the petitioner seeking to direct the second respondent to register First Information Report and to file a final report based on the order dated 05.11.2016 passed by the learned Judicial Magistrate, Nannilam in Crl.M.P.No.5483 of 2016.

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2. The learned counsel appearing for the petitioner would submit that the petitioner lodged a compliant before the second respondent police alleging that the accused attacked him with iron pipe and as such he sustained injury. After first aid, he got admitted in Nannilam Government Hospital for treatment. In fact, the police officials came to the hospital and recorded his statement. For further treatment, the petitioner was referred to Thiruvarur Government Medical College Hospital and thereafter he shifted to Government Medical College, Thanjavur. He undergone surgery and thereafter discharged from the hospital. Even then, the second respondent did not registered a case as against the accused. Therefore, the petitioner filed a petition in Crl.M.P.No.5483 of 2016, before the learned District Munsif-cumJudicial Magistrate, Nannilam and the learned Magistrate by an order dated 05.11.2016, directed the second respondent to

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https://hcservices.ecourts.gov.in/hcservices/

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register a case and file a final report. Even after receipt of the same, the second respondent did not register a case as against the accused person. Hence, the petitioner is before this Court by filing the present petition seeking to register the complaint.

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The learned Additional Public Prosecutor would submit that after the direction issued by the learned Magistrate, the complaint is pending for registration.

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Heard Mr.C.R.Malarvannan, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the respondents.

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Considering the above facts and circumstances, this
Court directs the second respondent to register a case as
against the accused person as directed by the learned District
Munsif-cum-Judicial Magistrate, Nannilam in Crl.M.P.No.5483 of
2016, by an order dated 05.11.2016 within a period of two weeks
from the date of receipt the order.
6. With the above directions, this Criminal Original
Petition is allowed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
rpl/sbn
To
1.The Superintendent of Police,
Thiruvarur District,
Thiruvarur.
2.The Inspector of Police,
Peralam Police Station,
Thiruvarur District.
3.The Public Prosecutor,
High Court, Madras.
4.The Judicial Magistrate,
Nannilam.
+1cc to Mr.C.R.Malarvannan, Advocate, S.R.No.12211
Crl.O.P.No.1825 of 2019
rrs 12/03/2019

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https://hcservices.ecourts.gov.in/hcservices/

Mohammed Kasim v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Mohammed Kasim v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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