K.N.Pitchaimuthu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.9641 of 2019 K.N.Pitchaimuthu ... Petitioner Vs 1.State by the Superintendent of Police, Thiruvallur, Thiruvallur District.

2.The Deputy Superintendent of Police, Tiruttani, Thiruvallur District.

3.The Inspector of Police, Kanakammachatram Police Station, Tiruttani Taluk, Thiruvallur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Judicial Magistrate, Tiruttani to dispose of the petitioners complaint dated 26.10.2016 in S.R.No.1033/2016 pending before that court.

For Petitioner : Mr.R.Ramesh For Respondents: Mr.C.Raghavan Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Judicial Magistrate, Tiruttani to dispose of the petitioners complaint dated 26.10.2016 in S.R.No.1033/2016 pending before that court.

2.The learned counsel for the petitioner would submit that one Jothi, Manikandan and others were involved in illegal sand transportation in the petitioner's native place. Therefore, the petitioner strongly objected the same and has made several complaints as against them before the third respondent police. Since, the respondent police have not taken any action against the accused, the petitioner lodged a complaint before the higher officials in the rank of I.G and D.G.P. Eventhen, there was no

response. It is further alleged that the accused person have engaged rowdy elements and attacked the petitioner and he was admitted in the hospital. Thereafter, the respondent police have falsely implicated the petitioner as accused in Crime No. 475 of 2016. While he was in prison, he made a complaint against the respondent police and others. But they did not take any action based on the petitioner's complaint. He sent a notice through RTI, for which the learned Chief Judicial Magistrate, Tiruvallur stating that the petitioner's complaint dated 26.10.2016 has been treated as a private case and the same is pending. Further, the petitioner states that from 2016 onwards the case is pending and hence he seeks for a direction to dispose of the petitioners complaint dated 26.10.2016 in S.R.No. 1033 of 2016. 3.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents. 4.Considering the above facts and circumstances of the case, and also that the complaint is pending from 2016 onwards, this Court deems it fit to direct the learned Judicial Magistrate, Tiruttani to consider the complaint in S.R.No.1033/2016 dated 26.10.2016, to conduct enquiry and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AD IV) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Thiruvallur, Thiruvallur District.

2.The Deputy Superintendent of Police, Tiruttani, Thiruvallur District.

3.The Inspector of Police, Kanakammachatram Police Station, Tiruttani Taluk, Thiruvallur District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Ramesh, Advocate Sr.35127 CRL.O.P.No.9641 of 2019 nrjk[co] srg 27/05/2019