Madras High CourtCRL OP(MD)/10636/2015disposed of

Niyamathali v. The Superintendent Of Police

2015-06-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)No.10636 of 2015 Niyamathali .. Petitioner Vs.

1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Ottanchathram Police Station, Dindigul District.

.. Respondents PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the second respondent to register a case based on the complaint dated 21.05.2015. For Petitioner :Mr.R.Suresh Kumar For Respondents :Mrs.S.Prabha Government Advocate (Crl.side)

O R D E R

This petition has been filed under Section 482 Cr.P.C, praying to direct the second respondent to register a case based on the complaint dated 21.05.2015.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side).

3.The learned counsel for the petitioner submitted that the petitioner preferred a complaint to the second respondent on 21.05.2015 to take appropriate action against the proposed accused, who threatened the petitioner. Even after receiving the above said complaint, no action has been taken on the complaint. Hence, the present petition has been filed.

4.The learned Government Advocate(Crl.side) on instruction would submit that petition enquiry is pending. https://hcservices.ecourts.gov.in/hcservices/

5. As per the judgment of the Hon'ble Supreme Court in Lalita

Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)], the second respondent may conduct a preliminary enquiry, which shall not extend beyond a period of Two Weeks from the date of receipt of a copy of this order. In conducting the preliminary enquiry, they shall put the concerned parties upon notice. At the end thereof, if any cognizable offence is made out, they shall duly register a case. In the event of effecting closure of the case upon conducting a petition enquiry, a copy of the closure report shall be forwarded to the complainant.

6. The Criminal Original Petition is disposed of with the above direction.

SD ASST REGISTRAR - T AND P TRUE COPY SUB ASST REGISTRAR Ns To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Ottanchathram Police Station, Dindigul District.

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

1CC TO MR.R. SURESH KUMAR, ADV., SR: 31583 DM 26 JUNE 15 Crl.O.P(MD)No.10636 of 2015 15.06.2014 2P:5C https://hcservices.ecourts.gov.in/hcservices/