LAWS(MAD)-2023-4-88

P. ASIR PANDIAN Vs. COMMISSIONER OF POLICE

Decided On April 18, 2023
P. Asir Pandian Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) This petition is filed to call for the records in Crl.M.P.No.14455 of 2021 on the file of the learned Metropolitan Magistrate, CCB and CBCID, Egmore, Chennai and set aside the Order in Crl.M.P.No.14455 of 2021 dtd. 12/1/2022.

(2.) Third respondent filed a private complaint under Sec. 156 (3) Cr.P.C. before the learned Metropolitan Magistrate, CCB and CBCID, Egmore, Chennai in Crl.M.P.No.14455 of 2021. The learned Magistrate, on considering the complaint allegations and materials filed in support of the complaint allegations, found that the closure of the complaint given to the second respondent/police stating that 'the dispute is civil in nature' is not acceptable. He further stated that the averments in the complaint and the documents submitted by the petitioner made out commission of cognizable offence. In this view of the matter, directed the Deputy Commissioner of Police to direct the concerned Inspector of Police to register the first information report based on the complaint dtd. 8/7/2021, investigate the complaint and file final report.

(3.) It is seen from the copy of the allegations made in the affidavit filed along with the complaint filed by the third respondent under Sec. 156 (3) Cr.P.C. that,