← Library
Madras High CourtCRL OP/9840/2022closed

A.Sabapathy v. The Inspector Of Police

2022-06-16Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRL. O.P. NO.9840 OF 2022 A. Sabapathy ... Petitioner Vs

1. The Inspector of Police S 10 Pallikaranai Police Station Chennai.

2. R. Adalarasan ... Respondents PRAYER :

Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondent to comply the order dated 9/12/2021 made in Crl.O.P.No.23221 of 2021 and to take action on the second respondent in accordance with law. For Petitioner ...

Mr.K.Muruganantham For respondents ...

Mr.A.Gokulakrishnan Additional Public Prosecutor for R.1

O R D E R

This Criminal Original Petition has been filed to direct the first respondent, to comply with the order, dated 9/12/2021, made in Crl.O.P.No.23221 of 2021 and to take action on the second respondent, in accordance with law.

2. Heard Mr.K.Muruganantham, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the first respondent.

3. The grievance of the petitioner is that eventhough the petitioner had appeared before the first respondent Police, for enquiry, the first respondent Police is not taking any action

against the accused Adalarasan/second respondent, till date.

4. A bare perusal of the averments made in the petition, it comes to be known that this Court, vide, order, dated 9/12/2021, directed the first respondent Police to conduct preliminary enquiry and if any material is found against the petitioner, the first respondent Police to issue notice containing particulars of the complaint to enable him to give suitable reply. Since the said order is not complied with, the petitioner has come forward with this petition, praying for the relief as stated supra.

5. At this stage, this Court is of the considered view that a blanket direction cannot be given to comply with the order, dated 9/12/2021 made in Crl.O.P.No.23221 of 2021 only for the simple reason that it is for the Police to enquire into the petition, in accordance with law.

6. In the result, this Criminal Original petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mvs.

To

1. The Inspector of Police S 10 Pallikaranai Police Station Chennai.

2. The Public Prosecutor High Court Chennai.

+1cc to Mr.K.Muruganantham, Advocate, S.R.No.36516 Crl. O.P. No. 9840 of 2022 JPL(CO) PM/29/06/2022