Madras High CourtCRL OP(MD)/1086/2018disposed of

Viswanath v. The Superintendent Of Police

2018-01-24Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2018

CORAM

THE HON'BLE MR.JUSTICE P. RAJAMANICKAM Crl.O.P.(MD) No.1086 of 2018 Viswanath ... Petitioner -Vs1.The Superintendant of Police, Thanjavur District.

2.The State rep. by The Inspector of Police, Pattukottai Police Station, Thanjavur District.

... Respondents Prayer: This Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to direct the 2nd respondent to register the complaint given by the petitioner dated 25.10.2017 and take necessary action within the time stipulated by this Court.

For Petitioner : Mr. R. Venkateshwar For Respondents : Mr.Prabhu Ramachandran Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the 2nd respondent to register a case, based upon the complaint given by the petitioner dated 25.10.2017.

2. The learned counsel appearing for the petitioner has submitted that the petitioner is studying M.B.A at Chennai and he came to his native place at Pattukottai in connection with the celebration of Deepavali festival and at that time, some Police officials have attacked the petitioner and caused serious injuries and hence, a complaint was lodged before the second respondent on 25.10.2017, but, he has not taken any steps. He further submitted that since the second respondent has not taken any steps for registering the case, the petitioner has filed a complaint before the learned Judicial Magistrate, Pattukkottai and the learned Judicial Magistrate also directed the second respondent to register a case and submit the report within 30 days and that order also has not been complied with by the second respondent and https://hcservices.ecourts.gov.in/hcservices/

hence, he requests this Court to direct the second respondent to register a case.

3. The learned Government Advocate (Crl. Side) appearing for the respondents has submitted that after receipt of the complaint from the petitioner enquiry has been started and enquiry is still pending.

4. Considering the aforesaid submissions, the second respondent is directed to enquire the matter and if the enquiry reveals any cognizable offence, he has to register a case and proceed in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above observation, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendant of Police, Thanjavur District.

2.The Inspector of Police, Pattukottai Police Station, Thanjavur District.

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

+1cc to Mr.R. Venkateshwar, Advocate Sr.No.43792 TRP VB/SKN/RSK/SAR3/31.01.2018/2P/5C Crl.O.P.(MD) No.1086 of 2018 24.01.2018 https://hcservices.ecourts.gov.in/hcservices/