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Madras High CourtWP/12737/2022disposed of

D.Daniel v. The Inspector Of Police (Law And Order)

2022-06-07Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.NO.12737 OF 2022 D.Daniel ... Petitioner

Versus

The Inspector of Police( Law and Order) Vellacherry, Chennai-600 042.

... Respondent PRAYER : Writ Petition filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus or any other writ or direction directing the respondent to cause necessary action for to initiate criminal action on the forgery complaint dated 06.04.2022 filed before the respondent after duly registering in the C.S.R. and filing F.I.R. within a time frame that may be stipulated by this Court.

For Petitioner :

M/s.V.Pitchumani For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This writ petition has been filed to direct the respondent to initiate criminal action on the complaint given by the petitioner dated 06.04.2022 after duly registering C.S.R. and filing F.I.R.

2. Admittedly, the respondent police have received the complaint and it is not in dispute. Such being the position, the respondent police is directed to conduct the enquiry within a reasonable time as per the judgment of Division Bench of this Court in the case of G.Prabakaran Vs. Superintendent of Police, Thanjavur District and others in Crl.O.P.(MD) No.13681, 13688 of https://hcservices.ecourts.gov.in/hcservices/

2017 etc., the respondent police have to conduct preliminary enquiry and register a case if the offence is made out or otherwise shall close the same. If the said exercise is not being carried out, the petitioner shall follow the procedures as mandated by the Division Bench from Clause 6 onwards i.e. to give a representation to the higher officials and thereafter, to file a private complaint under Section 156(3) of Cr.P.C.

3. With the above directions, this Writ Petition is disposed of.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ksa-2/nr To

1. The Inspector of Police( Law and Order) Vellacherry, Chennai-600 042.

2. The Public Prosecutor High Court, Madras.

+1cc to M/s.V.Pitchumani, Advocate, S.R.No.32784 W.P.No.12737 of 2022 PL(CO) RLP(21/06/2022) https://hcservices.ecourts.gov.in/hcservices/