Hilastin v. The Tamil Nadu Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.5531 of 2018 Hilastin .. Petitioner Vs.

1. The Tamil Nadu Director General of Police, DGP Office, Chennai.

2. The Superintendent of Police, SP Office, Tirunelveli.

3. The Deputy Superintendent of Police, DSP Office, Sankarankoil, Tirunelveli District.

.. Respondents Petition is filed under Section 482 of the Criminal Procedure Code to direct the 1st respondent to instruct the 3rd respondent to register a case on the basis of complaint of the petitioner dated 24.11.2017.

For Petitioner : Mr.J.C.Rathnavel Pandian For Respondents : Mr.M.Chandrasekaran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction to the first respondent to instruct the third respondent to register a case on the basis of the complaint of the petitioner dated 24.11.2017.

2.According to the petitioner, the petitioner has made a complaint on 24.11.2017 against one Writer- Balasubramanian, Anbalagan-Sub Inspector of Police and one Arulmozhi-Special Sub Inspector of Police, stating that they used unparliamentary words against the petitioner and degraded his reputation. Since no action has been taken on the above said complaint, this Criminal Original Petition has been filed.

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3.The learned Additional Public Prosecutor appearing for the respondents submitted that the third respondent/Deputy Superintendent of Police, Sankarankoil has conducted enquiry on the complaint of the petitioner and during enquiry, the petitioner's client viz., Nahoormaideen, who was present at the time of occurrence, has made a statement on 03.12.2017, denying the allegation made by the petitioner. He has also produced a copy of the enquiry report.

4.In view of the enquiry already conducted and the report filed by the third respondent, this Court cannot pass any orders in the present petition. However, if the statement made by the said Nahoormaideen before the third respondent is not true, the petitioner could very well approach the competent forum. Hence, this Criminal Original Petition is dismissed. The third respondent is directed to furnish a copy of the enquiry report to the petitioner, if not already given. On receipt of the same, it is open to the petitioner to work out his remedy before the appropriate forum in accordance with law.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The Tamil Nadu Director General of Police, DGP Office, Chennai.

2. The Superintendent of Police, SP Office, Tirunelveli.

3. The Deputy Superintendent of Police, DSP Office, Sankarankoil, Tirunelveli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.J.C.RATHINAVEL PANDIAN, ADVOCATE IN SR No. 61102 MJ TE/KKR/SAR-3 : 27/04/2018 : 2P/6C CRL.O.P.(MD) No.5531 of 2018 11.04.2018 https://hcservices.ecourts.gov.in/hcservices/