S.Nabi M/47 v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2016 CORAM :
THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.8517 of 2016 S.Nabi .. Petitioner Vs.
1.The Superintendent of Police, O/o. The Superintendent of Police, Thiruvannamalai District.
2.The Sub-Inspector of Police, District Crime Branch, O/o. The Deputy Superintendent of Police, Thiruvannamalai District.
3.State rep. By The Inspector of Police, Arani Town Police Station, Arani, Thiruvannamalai.
.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent police to register the case on the basis of the petitioner's complaint dated 19.02.2016 which is on the file of the second respondent police. For Petitioner : Mr.Viswa For Respondentd : Mr.C.Emalias Addl. Public Prosecutor
O R D E R
The petitioner has come forward with this petition seeking for a direction to the second respondent to register a case pertaining to the petitioner's complaint dated 19.02.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 19.02.2016. But the respondents have not shown any interest to enquire the matter and register the case. Hence, the petitioner
has come forward with this petition for the above stated relief.
3. At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that the petitioner has already given a complaint before the respondent police on 03.02.2016 and he has also filed a petition in Crl.O.P.No.4567 of 2016 seeking for direction to register a case, wherein this Court has dismissed the petition stating that on the basis of the complaint given by the petitioner petition enquiry has been conducted and closed on 11.02.2016. Hence, he prayed for dismissal of the petition.
4.Considering the rival submissions made on both sides that the petitioner has already given a complaint before the respondent police on 03.02.2016 and he has also filed a petition in Crl.O.P.No.4567 of 2016 seeking for direction to register a case, wherein this Court has dismissed the petition since petition enquiry has already been conducted and closed. So, I am of the view that this petition has been filed only with a malafide intention and it is purely abuse of process of Court. Hence, the Criminal Original Petition is dismissed with cost. The petitioner is directed to pay a sum of Rs.1,000/- (Rupees One Thousand only) to the Tamil Nadu Legal Services Authority, High Court, Madras.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar cse To 1.The Superintendent of Police, O/o. The Superintendent of Police, Thiruvannamalai District.
2.The Sub-Inspector of Police, District Crime Branch, O/o. The Deputy Superintendent of Police, Thiruvannamalai District.
3.The Inspector of Police, Arani Town Police Station, Arani, Thiruvannamalai.
4.The Public Prosecutor High Court, Chennai.
Copy to:
The Member Secretary Tamilnadu Legal Service Authority, High Court, Madras.
1 cc to M/s.Dass and Viswa, Advocates, sr.26876 Crl.O.P.No.8517 of 2016 gj co kra 26.05.2016