- Court
- High Court of Madras
- Decided
- 23 February 2026
- Bench
- S Justice L.Victoria Gowri
- Case no.
- CRL OP(MD) 3631/2026
Judgment
ORDER This petition has been filed seeking for a direction to the 1st respondent to comply with the directions of the learned Judicial Magistrate in Crl.MP.No. 1383/2025 dated 30.05.2025 and to register and FIR against the 2nd respondent based upon the documents submitted by the petitioner.
¶2The learned counsel appearing for the petitioner submitted that the learned Judicial Magistrate No. II, Dindigul, after recording that the police had closed the earlier complaint of the petitioner for non-production of necessary documents for investigation, allowed the petition filed by the petitioner expressing his readiness to produce all necessary documents before the respondent police. The learned Magistrate further directed the respondent police to provide sufficient opportunity to both sides, conduct further investigation upon receipt of the documents submitted by the petitioner, and file a report. However, the same has not been complied with.
¶3The learned Government Advocate appearing for the respondent police submitted that the enquiry was properly conducted and that the documents were received from the petitioner. An opportunity of hearing was given to the rival parties, based on which the complaint given by the petitioner was closed. The closure was effected after obtaining proper legal opinion from the District Public Prosecutor, and thereafter, a report was filed before the concerned learned Judicial Magistrate on 07.02.2026, recommending that the respective parties work out their remedy before the competent civil court for recovery of money.
¶4Heard the learned counsel on either side and carefully perused material available on record. Considering the nature of the order proposed to be passed in this petition, notice to the private respondent is dispensed with.
¶5It is seen from the records that the petitioner had filed an application before the learned Judicial Magistrate No. II, Dindigul, seeking a direction to the first respondent police to register an FIR, which was allowed accordingly. However, the respondent police filed a closure report on 10.06.2026. Thereafter, the petitioner filed a second petition seeking further investigation on the ground that the petitioner's documents were not properly appreciated by the first respondent police, and the same was also allowed by the trial Court. Pursuant thereto, the respondent police conducted an enquiry.
¶6It is the claim of the learned Government Advocate that proper enquiry as directed by the trial Court was conducted after receiving necessary documents from the petitioner and giving opportunity to the rival parties and only thereafter, filed a closure report considering the civil nature of the dispute involved. Even then, the petitioner has come before this Court seeking with the aforesaid prayer.
¶7It is seen that, in the petition filed by the petitioner, the learned Judicial Magistrate No. II, Dindigul, directed the respondent police to provide sufficient opportunity to both sides, conduct further investigation after receiving the documents submitted by the petitioner, and file a report. If the petitioner has any grievance in this regard, he is at liberty to file a private complaint. Accordingly, this Criminal Original Petition stands dismissed.
23.02.2026 NCC : Yes / No Index : Yes / No Sm TO:-
¶1The Inspector of Police, District Crime Branch-II, Dindigul.
¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
L.VICTORIA GOWRI, J. Sm Dated
23.02.2026
Case details
Parties and counsel
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Gajendran ... Petitioner Vs. 1. The Inspector of Police, District Crime Branch-II, Dindigul. 2.Ganesh Babu ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to pass an order directing the 1st respondent to comply with the directions of the learned Judicial Magistrate in Crl.MP.No.1383/2025 dated 30.05.2025 and to register and FIR against the 2nd respondent based upon the documents submitted by the petitioner. For Petitioner : Mr.S.Rajeshkanna For Respondents : Mr.M.Sakthi Kumar (R1) Government Advocate (Crl.)
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.