V. Sundar v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2022

CORAM:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No. 11988 of 2022 V.Sunder, S/o. Vijayan ... Petitioner

Versus

1. The Superintendent of Police, Puducherry.

2. The Station House Officer, Othiyansalai Police Station, Puducherry.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the respondents to register the case based on the petitioner's complaint dated 22.04.2022 and to investigate the matter in accordance with law and to file a final report before the competent court of law. For Petitioner :

Mr.M.Gnanasekar For Respondents :

Mr.A.Damodaran, Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction directing the respondents to register a case and investigate the matter in accordance with law on the petitioner's complaint dated 22.04.2022.

2. 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 2017 etc., the respondent police have to conduct preliminary enquiry and register a case if the offence is made out and if the said exercise is not being carried out, the petitioner shall https://hcservices.ecourts.gov.in/hcservices/

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 Sec.156(3) Cr.P.C.

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

Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar rpp/sma To

1. The Superintendent of Police, Puducherry.

2. The Station House Officer, Othiyansalai Police Station, Puducherry.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No. 11988 of 2022 VG-II(CO) SU(01/06/2022) https://hcservices.ecourts.gov.in/hcservices/