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Madras High CourtCRL OP/10539/2018closed

S.Shibu, v. The Commissioner Of Police,

2018-04-05Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2018 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.10539 of 2018 S.Shibu

...Petitioner

Vs.

1.The Commissioner of Police Vepery, Chennai-600 007.

2.The Director General of Police Rajaji Salai, Chennai-600 004.

3.The Inspector of Police Maduravoyal Police Station Chennai-600 095.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C to direct the respondents 1 to 3 herein to file a First Information Report on the basis of the petitioner's complaint dated 21.07.2017, registered on the file of the third respondent - Inspector of Police under C.S.R.No.856 of 2017 relating to the incident that took place on 20.07.2017 within the campus of Our Lady Matriculation Higher Secondary School, wherein my client's daughter Fathima K.S. suffered a fall from the 2nd floor of the school building, leading to severe injuries and her consequent unconsciousness till date, as a result of which the petitioner had to incur huge expenditure for his daughter's medical treatment. For Petitioner : Mr.S.Haja Mohideen Gisthi For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This criminal original petition has been filed to direct the respondents to file a First Information Report on the petitioner's complaint dated 21.07.2017, registered on the file of the third respondent - Inspector of Police in C.S.R.No.856 of 2017.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

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

3. In view of the order passed by this Court in Sugesan Transport Pvt. Ltd., -Vs- The Assistant Commissioner of Police, J2, Adyar Police Station, Adyar, Chennai-600 020 and another [2016 (5) CTC 577 : 2016-2-LW (Crl.) 499], this petition is not maintainable.

4. Hence, this petition is closed with liberty to the petitioner to work out his remedy in the manner set out in Sugesan (supra).

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR mk To 1.The Commissioner of Police Vepery, Chennai-600 007.

2.The Director General of Police Rajaji Salai, Chennai-600 004.

3.The Inspector of Police Maduravoyal Police Station Chennai-600 095.

4.The Government Advocate (Crl.Side) High Court, Madras.

+1 cc to Mr.S.Haja Mohideen Gisthi, Advocate SR.NO. 25297 Crl.O.P.No.10539 of 2018 JK 12/04/18 https://hcservices.ecourts.gov.in/hcservices/