A case has been filed before the learned Judicial Magistrate No.II, Coimbatore, for issuing of process under Section 202 Criminal Procedure Code and the learned Magistrate had ordered for an enquiry by the Inspector of Police, E-3, Saravananpatty Police Station. It is submitted that on 21.04.2016, the Inspector of Police has also filed a report. In spite of the same, the complaint in C.M.P.No.8449 of 2015 has been kept pending.
2. It is needles to point out that after enquiry report, pursuant to the order passed under
section 202 Cr.P.C is received, the learned Magistrate is required to proceed further, either by issuing of process or dismissing the complaint as contemplated under
Sections 203 and
204 of Criminal Procedure Code. There is no justification to keep the matter pending for more than one year, without taking it forward.
3. In the result, the Criminal Original Petition stands allowed. The learned Judicial Magistrate No.II, Coimbatore is directed to proceed with the private complaint in C.M.P.No.8449 of 2015 on its own merits by following the procedures under the provisions of Criminal Procedure Code. Such process shall be completed within one week from the date of receipt of a copy of this order.