Disposed

Vaiyapuri Shankar v. the Superintendent of Police

Madras HC18 Jun 2021CRL OP/7545/2021

Case brief

AI extract

What is this about?

This court disposed of a Criminal Original Petition filed under Section 482 CrPC seeking enforcement of a Magistrate's order to register an FIR and expedite investigation. The court directed the Magistrate to issue a notice to the petitioner and advised him to approach the trial court subsequently.

What did the court decide?

Directed the Judicial Magistrate, Palacode, to issue a notice to the petitioner and served a copy, advising the petitioner to approach the trial court thereafter. No costs.

Vaiyapuri Shankar Vs the Superintendent of Police — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :18.06.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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CRL.O.P.No.7545 of 2021

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Dr.Vaiyapuri Shankar ... Petitioner

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Versus

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The Superintendent of Police, Dharmapuri District.

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The Deputy Superintendent of Police, Palacode, Dharmapuri District.

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State of Tamil Nadu, Rep.by The Inspector of Police, (Law & Order) Karimangalam Police Station, Dharmapuri District.

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... Respondents

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Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent to comply the order dated 15.02.2021 of Judicial Magistrate Court, Palacode, in Crl.M.P.No.290 of 2021, to register the FIR and to expedite the investigation within a time to be fixed by this Court.

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For Petitioner : Mr.N.Suresh

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For Respondents : Mr.A. Damodharan, Government Advocate (Crl.side)

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ORDER

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This matter is listed today under the caption “for reporting compliance”.

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2.The petitioner has filed the petition under Section 156 (3) of Cr.P.C., before the Judicial Magistrate, Palacode, in Crl.M.P.No.291 of 2021 sought a direction to direct the respondent/police for registration of FIR and further investigation in this case.

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3.On 15.02.2021, the learned Judicial Magistrate, Palacode had directed the Station House Officer, Palacode, Police Station

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

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to sent a report with regard to the petitioner's complaint forwarded to them. Thereafter, the petitioner has got own interest enquired about his complaint, then he came to know that till date, no enquiry has been conducted, hence, the petitioner sought a direction to expedite investigation, based on the petitioner's complaint, filed this present petition before this Court.

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4.The learned Government Advocate (Crl.side) appearing for the respondent would submit that the third respondent received the order of the Judicial Magistrate, Palacode, on receipt of the same, enquiry was conducted, after enquiry, the case has been closed. Furthermore, he submitted that in this case, closure report has also filed on 05.03.2021, before the same trial court.

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5.In view of the same, the learned Judicial Magistrate, Palacode is directed to issue a notice to the petitioner and serve a copy of the same and thereafter, the petitioner approach the trial court, if he so desires.

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6.With the above observation and direction, this petition is disposed of. No costs.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

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klt

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1.The Judicial Magistrate Court, Palacode.

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2.The Superintendent of Police, Dharmapuri District.

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3.The Deputy Superintendent of Police, Palacode, Dharmapuri District.

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4.The Inspector of Police, (Law & Order) Karimangalam Police Station, Dharmapuri District.

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5.The Public Prosecutor, High Court, Madras.

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CRL.O.P.No.7545 of 2021

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GMI(CO) BE(26/07/2021)

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

Vaiyapuri Shankar v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Vaiyapuri Shankar v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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