M.Munusamy, M/A 72 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.05.2018 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.14654 of 2018 M.Munusamy .. Petitioner Vs.

1. State Rep. by The Director General of Police, Tamilnadu Police Department, Mylapore, Chennai - 4.

2. The Deputy Superintendent of Police, Thiruvannamalai Sub Division, Thiruvannamalai District.

3. The Inspector of Police, District Crime Branch, Thiruvannamalai District, Thiruvannamalai.

..Respondents PRAYER: Criminal Original Petition filed under section 482 Cr.P.C., praying to direct the 1st respondent to issue necessary direction to the 3rd respondent to register the case based on the complaint of the petitioner dated 14.03.2018 made to the 1st respondent.

For Petitioner : Mr.K.V.Balakrishnan For Respondents : Ms.M. Prabhavathi, Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the 1st respondent to issue necessary direction to the 3rd respondent to register a case based on the complaint of the petitioner dated 14.3.2018 made to the 1st respondent.

2. It is the grievance of the petitioner that despite the order of this Court passed in O.P.No.29101 of 2017 directing to register the complaint, if cognizable offence is made out, the petitioner was dragged to the Police Station by the Police Officials and they have obtained the signature of the petitioner forcibly in a document and therefore a direction is https://hcservices.ecourts.gov.in/hcservices/

required to be issued as against the Director General of Police to enquire his representation and take action as against the erring officials .

3. On perusal of the typed set of papers, it appears that admittedly, the petitioner has got an order for registration of the FIR and thereafter, it appears that the petitioner himself has appeared before the Police Station and made some signature. The petitioner now urges that he has been forcibly taken to the Police Station and obtained his signature in some document. These are all question of facts required to be proved and the petitioner is at liberty, if advised, to file appropriate private complaint before the jurisdictional Magistrate to establish his case.

4. In view of the above, this Court is of the view, no direction is required to be issued as against the Director General of Police in this petition. Accordingly, this petition is dismissed.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar msr To

1. The Director General of Police, Tamilnadu Police Department, Mylapore, Chennai - 4.

2. The Deputy Superintendent of Police, Thiruvannamalai Sub Division, Thiruvannamalai District.

3. The Inspector of Police, District Crime Branch, Thiruvannamalai District, Thiruvannamalai.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.14654 of 2018 TR(06/06/2018) https://hcservices.ecourts.gov.in/hcservices/