M/S.Indo American College v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.22422 of 2019 M/s.Indo-American College, represented by its Principal, Dr.J.Ezhilarasi, Cheyyar - 604 407, Thiruvannamalai District.

... Petitioner /versus/ 1.The Superintendent of Police, Thiruvannamalai District.

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

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, praying to direct the respondents to investigate the complaint and file a report in terms of the directions made in Crl.M.P.No.4298 of 2019, dated 20.05.2019, on the file of the Judicial Magistrate No.I, Thiruvannamalai. For Petitioner :Mr.S.Vijayakumar For Respondents :Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the respondent police to register an FIR and conduct the investigation, pursuant to the orders passed by the learned Judicial Magistrate No.I, Thiruvannamalai, dated 20.05.2019.

2. The grievance of the petitioner is that inspite of the order passed by the learned Judicial Magistrate No.I, Thiruvannamalai, the complaint is kept pending and till date no investigation has taken place in the case.

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3. Heard, the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent police.

4. Taking into consideration of the allegations that have been made in the complaint and the fact that a preliminary enquiry conducted by the police cannot exceed 14 days as per the judgment of the Hon'ble Supreme Court of India in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353, and also the fact that the case is kept pending at the stage of enquiry for the last three months, there shall be a direction to the second respondent to register an FIR and carry on with the investigation in this case, in accordance with law. The FIR shall be registered within a period of one week from the date of receipt of copy of this order.

5. This Criminal Original Petition is disposed of with the above direction.

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

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

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.Vijayakumar, Advocate Sr.74319 Crl.O.P.No.22422 of 2019 vg I[co] srg 30/08/2019 https://hcservices.ecourts.gov.in/hcservices/