Madras High CourtCRL OP(MD)/10702/2015disposed of

K. Muthukumar 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.10702 of 2015 K.Muthukumar .. Petitioner Vs.

1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, District Crime Branch, Sivagangai, Sivagangai District.

.. Respondents PRAYER:Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 2nd respondent to register a case/FIR on the complaint given by the petitioner dated 08.06.2015 and investigate into the case.

For Petitioner :Mr.A.Muralikumar For Respondents :Mrs.S.Prabha Government Advocate (Crl.side)

ORDER

This petition has been filed under Section 482 Cr.P.C, praying to direct the 2nd respondent to register a case/FIR on the complaint given by the petitioner dated 08.06.2015 and investigate into the case.

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 sent a complaint on 08.06.2015 to the respondents 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.

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4.The learned Government Advocate(Crl.side) on instruction would submit that petition enquiry is pending.

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/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, District Crime Branch, Sivagangai, Sivagangai District.

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

+1cc to MR.A.Murali kumar, Advocate Sr.No.32284 ns AA/30.06.2015/ 2p- 5c/ Crl.O.P(MD)No.10702 of 2015 15.06.2014 https://hcservices.ecourts.gov.in/hcservices/