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Madras High CourtCRL OP/4896/2015closed

Sivakumar, v. The Superintendent Of Police,

2015-06-01Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.4896 of 2015 Sivakumar ... Petitioner Vs 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Deputy Superintendent of Police, Panrutti, Cuddalore District.

3.The Inspector of Police, Panrutti Police Station, Cuddalore District.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the third respondent to register a case based on the petitioner's complaint dated 02.01.2015 which is forwarded from the first respondent and investigate the same in accordance with law.

For Petitioner : Mr.K.Gandhi Kumar For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to direct the third respondent to register a case based on the petitioner's complaint dated 02.01.2015 which is forwarded from the first respondent and investigate the same in accordance with law.

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

3. It is represented by the learned Additional Public Prosecutor that the complaint given by the petitioner to the Superintendent of Police, Cuddalore District has been forwarded to the Deputy Superintendent of Police, Panrutti for enquiry.

4. Now, the learned counsel for the petitioner submits that the petitioners have no faith in the present Deputy Superintendent of Police.

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5. The learned Additional Public Prosecutor submits that Mr.Kumaraswamy has been transferred and one Mr.Elangovan had taken charge.

6. In view of the above, the petitioner is directed to appear before Mr.Elangovan, Deputy Superintendent of Police, Panrutti, who will conduct fair investigation and in the course of investigation, any cognizable offence is made out, the respondent Police is directed to proceed, following the decision laid down by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttarpradesh and Others reported in (2014) 2 SCC 1.

7. The Superintendent of Police, Cuddalore District is directed to monitor the enquiry conducted by the Deputy Superintendent of Police, Panrutti.

8. With the above observation, this Criminal Original Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gya To 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Deputy Superintendent of Police, Panrutti, Cuddalore District.

3.The Inspector of Police, Panrutti Police Station, Cuddalore District.

4.The Public Prosecutor, High Court, Madras.

1 cc to Mr. K.Gandhikumar,Advocate, SR.No.25747 CRL.OP.No.4896 of 2015 bvr(co) pmk.8.6.2015 https://hcservices.ecourts.gov.in/hcservices/