Madras High CourtCRL OP(MD)/10660/2015disposed of

R.Kaliammal 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.10660 of 2015 R.Kaliammal .. Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, South Police Station, Rajapalayam, Virudhunagar District.

3.The Sub Inspector of Police, South Police Station, Rajapalayam, Virudhunagar District.

.. Respondents PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents to register a case based on the complaint given by the petitioner on 01.05.2015 and to conduct fair and impartial investigation in accordance with law within the period stipulated by this Court.

For Petitioner :Mr.P.Adikesavan 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 respondents to register a case based on the complaint given by the petitioner on 01.05.2015 and to conduct fair and impartial investigation in accordance with law within the time stipulated by this Court.

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

https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the petitioner submitted that the petitioner lodged a complaint on 01.05.2015 to the third respondent to take appropriate action against the proposed accused, who threatened the petitioner. Even after receiving the 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 on the complaint given by the petitioner dated 01.05.2015 and the petitioner is not cooperating with the enquiry.

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 respondents concerned may conduct a preliminary enquiry, which shall not extend beyond a period of seven days 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/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, South Police Station, Rajapalayam, Virudhunagar District.

3.The Sub Inspector of Police, South Police Station, Rajapalayam, Virudhunagar District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Ns RL/5 c- 9/7/2015 ` Crl.O.P(MD)No.10660 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 15.06.2015