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2022 Supreme(Mad) 600

N.SATHISH KUMAR
Praveen Rajesh Inspector of Police – Appellant
Versus
Commissioner of Police, Chennai – Respondent


Advocates Appeared:
For the Petitioner: N. Ramesh.
For the Respondents:Leonard Arul Joseph Selvam, Government Advocate (Crl. Side), M. Marimahesh.

JUDGMENT :

(Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in respect of the impugned order dated 01.02.2022 in Crl.M.P.No.333 of 2022 passed by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai, under Section 156(3) of Cr.P.C. directing the 2nd respondent to register Fir against the petitioner and to file the report and set aside the same as against the petitioner/accused.)

This Criminal Original Petition has been filed challenging the order of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai, dated 01.02.2022 made in Crl.M.P.No.333 of 2022 under Section 156(3) of Cr.P.C., directing the 2nd respondent police to register FIR against the petitioner on the basis of the private complaint filed by the 3rd respondent/defacto complainant.

2. The contention of the learned counsel for the petitioner is that the defacto complainant claims to be a practicing Lawyer. The background on which the private complaint was filed is that during Covid-19 restrictions, the defacto complainant along with her husband had traveled in a motorcycle without wearing mask. At that time, police Constables and Sub Inspector of Police in

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