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Madras High CourtCRL OP/13588/2018disposed of

K.Ravi, v. The State Rep. By

2018-05-30Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.05.2018

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR CRL.OP.No.13588 of 2018 K.Ravi ... Petitioner Vs

1. State rep. By the Inspector of Police, Sozhatharam Police Station, Sozhatharam.

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

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register the petitioner's complaint dated 03.02.2018 and investigate the same and file a report before the competent jurisdictional Magistrate.

For Petitioner : Mr.P.R.Thiruneelakandan For Respondents : Ms.M.Prabhavathi, APP

O R D E R

This petition has been filed to direct the 2nd respondent to register the petitioner's complaint dated 03.02.2018 and proceed with the investigation in accordance with law and file a final report.

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

3. The grievance of the petitioner is that the Sub-Inspector of Police himself visited the spot for preventing the untoward incident and he himself lodged a complaint which was taken on file alleging that a cognizable offence has been made out. While so, the actual complaint given by the petitioner with regard to the damage has not been registered till date though a CSR No.26/2018 has been given for the same.

4. Having regard to the fact that CSR has been given to the complaint of the petitioner dated 03.02.2018, it is the duty of the 2nd respondent police either to investigate the case or to close the complaint. Without doing so, he cannot keep the complaint pending. Therefore, the 2nd respondent police is directed to enquire the compliant of the petitioner dated 03.02.2018 and to take appropriate action in accordance with law.

5. With the above observation, the Criminal Original Petition is disposed of.

30.05.2018 tsi

To

1. The Inspector of Police, Sozhatharam Police Station, Sozhatharam.

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

3.The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR, J.

tsi CRL.OP.No.13588 of 2018 30.05.2018