Madras High CourtCRL OP/22105/2015closed

Kamaraj v. The Deputy Superintendent Of

2015-10-14Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.22105 of 2015 KAMARAJ .. PETITIONER Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, JAYAMKONDAM, ARIYALUR DISTRICT-621 802.

2 THE SUPERINTENDENT OF POLICE, ARIYALUR, ARIYALUR DISTRICT.

.. RESPONDENTS Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent The Superintendent of Police, Ariyalur, Ariyalur District to register a case against the Special Sub Inspector of Police Mr.Mathiyalagan in Andimadam Police Station and also direct the 2nd respondent to register FIR against Mrs.Suganthi on the complaint given by the petitioner dated 03/08/2015. For Petitioner : No representation For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the 2nd respondent to register the petitioner's complaint dated 03.08.2015.

2. Heard the learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

3. There was no representation for the petitioner on 03.09.2015, 25.09.2015 and 28.09.2015. Today also, when the matter was called, there is no representation for the petitioner.

4. It is seen that, this petitioner has lodged a complaint on 18.07.2015, based on which, the respondent police have registered a case in Crime No.182 of 2015 under Section 294[b], 323 IPC against one Thillai Gandhi [A1], who is said to have assaulted this petitioner. The complaint dated 18.07.2015 given by the petitioner does not disclose any other https://hcservices.ecourts.gov.in/hcservices/

name and therefore, no other name was included in the FIR. Thereafter, the petitioner has given a second complaint dated 03.08.2015 including some other names. Hence, there cannot be two FIRs for the same incident.

5. Learned Additional Public Prosecutor further submits that, investigation in Crime No.182 of 2015 has been completed and final report has also been filed before the learned Judicial Magistrate-I, Jayankondam on 07.08.2015. In view of the above, nothing survives in this petition and this petition is closed.

sd/ ASSISTANT REGISTRAR(CS-III) /TRUE COPY/ SUB-ASSISTANT REGISTRAR gya To 1 THE DEPUTY SUPERINTENDENT OF POLICE, JAYAMKONDAM, ARIYALUR DISTRICT-621 802.

2 THE SUPERINTENDENT OF POLICE, ARIYALUR, ARIYALUR DISTRICT.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE JUDICIAL MAGISTRATE, JAYAKONDAM.

5 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, ARIYALUR DISTRICT CRL.OP.No.22105 of 2015 CO-AD JD 19/11/2015 https://hcservices.ecourts.gov.in/hcservices/