Madras High CourtCRL OP/1765/2016dismissed for nonprosecution

Tmt. Hasinabivi v. The Inspector General Of

2016-01-29Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.1765 of 2016 Hasinabivi Petitioner Vs 1.The Inspector General of Police Pondicherry.

2.The Sub Inspector of Police Ambagarathur Police Station Ambagarathu Karakal, Pondicherry State.

3.The Inspector of Police Thirunallar, Pondicherry State.

Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents 2 and 3 to register the petitioner's complaint dated 26.12.2015 and to investigate within the stipulated time as may be fixed by this Court and to file FIR to the concerned Court.

For petitioner :

Mr.S.Senathipathi For Respondents :

Mr.V.Balamurugane Addl.Public Prosecutor [Puducherry]

O R D E R

This petition has been filed to direct the respondents 2 and 3 to register the petitioner's complaint dated 26.12.2015 and to investigate within the stipulated time as may be fixed by this Court and to file FIR to the concerned Court.

P.N.PRAKASH, J.

gms

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that on the instructions of one Hasinabivi, Mr.G.Murugaiyan, Advocate has issued a legal notice dated 13.11.2015 to the Inspector General of Police, based on which this present petition has been filed for a direction to the respondent police to register an FIR. An advocate's notice cannot form the basis for registration of an FIR in a case of this nature. Hence, no direction as prayed for can be granted.

Accordingly, this petition is closed. However, liberty is given to the petitioner to go in person and lodge a fresh complaint to the jurisdiction Station House Officer and on such complaint being received, the respondent police shall conduct enquiry and take action in accordance with law. 22.06.2016 (2/2) gms To 1.The Inspector General of Police, Pondicherry. 2.The Sub Inspector of Police Ambagarathur Police Station Ambagarathu, Karakal, Pondicherry State.

3.The Inspector of Police Thirunallar, Pondicherry State.

4.The Public Prosecutor, High Court, Chennai.

Crl.OP No.1765 of 2016