Madras High CourtCRL OP(MD)/10659/2015disposed of

Rev.M.S.Arivannal v. The Superintendent Of Police

2015-08-18Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.10659 of 2015 Rev.M.S.Arivannal : Petitioner Vs.

1.The Superintendent of Police, Dindigul District, Dindigu.

2.The Inspector of Police, Town North Police Station, Dindigul Town, Dindigul District.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the second respondent to register the case for the complaint preferred by the petitioner dated 12.05.2015 within the time stipulated by this Court.

For Petitioner :Mr.D.Selvaraj For Respondents :Mr.A.P.Balasubramani Government Advocate(Crl. Side)

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the second respondent to register the case for the complaint preferred by the petitioner dated 12.05.2015 within the time stipulated by this Court.

2.The learned counsel for the petitioner submitted that the petitioner has given a complaint to the second respondent in person and since the second respondent has not taken any steps, the petitioner presented the petition before the first respondent on 12.05.2015, but, however, the respondents police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief.

3.The second respondent filed a detailed counter in which he has stated that on the basis of the complaint given by one Rev.S.Jeyakumar, a case in Crime No.522 of 2015, has been registered against the petitioner for offence under Sections 448, 294(b), 323 and 506(i) of I.P.C and 4 of TNPHW Act. Further, he has stated another case has been registered against the petitioner in Crime No.225 of 2014 for offences under Sections 120(B), 468, 471 and 420 of I.P.C., and the petitioner facing another case in Crime No.137 of 2014 for offence under Sections 120(B), 468, 471, 406 and 420 of I.P.C and one more case has been registered in Dindigul Sough Police Station in Crime No.369 of 2014 for offence under https://hcservices.ecourts.gov.in/hcservices/

Sections 120(B), 468, 471, 406 and 420 of I.P.C., and all the cases are under investigation and the petitioner is suppressing the fact, he has come forward with this application for the above sated relief.

4. Considering the rival submission made on both sides, the second respondent is directed to expedite the enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC) and register a case, if any cognizable offence is made out.

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

Sd/- Assistant Registrar-RTI /True Copy/ Sub Assistant Registrar Ns To 1.The Superintendent of Police, Dindigul District, Dindigu.

2.The Inspector of Police, Town North Police Station, Dindigul Town, Dindigul District.

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

+1cc to MR.D.SELVARAJ, Advocate Sr.No 47289 JAM/NGM-SS/5.9.15/2P-5C Order made in Crl.O.P.(MD)No.10659 of 2015 Dated:- 18.08.2015 https://hcservices.ecourts.gov.in/hcservices/