Madras High CourtCRL OP(MD)/11771/2015disposed of

M.Rajendran v. The Director General Of Police

2015-06-26Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.11771 of 2015 and M.P.(MD)No.1 of 2015 M.Rajendran ... Petitioner Vs.

1.The Director General of Police, Chennai.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, All Women Police Station, Thirupparankundram, Madurai.

4.The Sub Inspector of Police, All Women Police Station, Thirupparankundram, Madurai.

Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the third respondent to register a case on the petitioner's complaint dated 18.06.2015. For Petitioner : Mr.E.Somasundaram For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to direct the third respondent to register a case on the petitioner's complaint dated 18.06.2015.

2.Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents. 3.The learned Counsel for the petitioner submitted that the cognizable offence is made out and therefore, the third respondent ought to have registered the complaint. He further submitted that on the failure of the third respondent to register the complaint, the second respondent will have to be directed to initiate action against him. 4.The learned Government Advocate (Crl.side), on instructions, would submit that petition enquiry is pending and the report of the Social Welfare Officer is awaiting.

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5.It is not as if in all cases, the complaint will have to be registered mandatorily. It is not also as if the third respondent has closed the complaint and petition enquiry is pending. Therefore, the prayer sought for by the petitioner cannot be granted. It is suffice to direct the second respondent to complete the enquiry within a period of four weeks from the date of receipt of a copy of this order and also directed to register the F.I.R., if cognizable offence is made out, in pursuant to the enquiry conducted.

6.With the above directions, this Criminal Original Petitions is disposed of. Consequently, the connected Miscellaneous Petition is closed. Sd/- The Assistant Registrar(writs) /True copy/ Sub-Assistant Registrar To 1.The Director General of Police, Chennai.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, All Women Police Station, Thirupparankundram, Madurai.

4.The Sub Inspector of Police, All Women Police Station, Thirupparankundram,Madurai.

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

+1cc to Mr.E.Somasundaram, Advocate SR.NO.34139 ssl Sm:AMF:09.07.2015:2P/7C Crl.O.P.(MD)No.11771 of 2015 and M.P.(MD)No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 26.06.2015