Madras High CourtCRL OP(MD)/1210/2018disposed of

N. Rengasamy v. The Superintendent Of Police

2018-01-25Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.1210 of 2018 N.Rengasamy ... Petitioner Vs.

1.The Superintendant of Police, Virudhunagar District.

2.The Deputy Superintendant of Police, Virudhunagar Sub-Division, Virudhunagar District.

3.The Inspector of Police, West Police Station, Virudhunagar.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the third respondent to register a case on the basis of the petitioner's complaint dated 08.01.2018 for offence under Sections 406, 420, 324, 506(i) of I.P.C. and Section 3

(1) (r) (s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

For Petitioner : Mr.K.Seemaraj For Respondents : Mr.Prabu Ramachandran Government Advocate (crl. Side) for R.1 to R.3

ORDER

This Petition has been filed to direct the third respondent to register a case based on the complaint given by the petitioner dated 08.01.2018.

2.The learned counsel for the petitioner has submitted that the petitioner belongs to Scheduled Caste and he was assaulted by the proposed accused and he has also used his caste name in public view and hence the complaint was lodged on 08.01.2018, but so far no action has been taken.

3.The learned Government Advocate (Crl.Side) has submitted that after receipt of the complaint, summons was served on the petitioner, but the petitioner did not appear and he is not cooperating for enquiry and hence the complaint is still pending. 4.Considering the aforesaid submissions, the petitioner is directed to appear before the third respondent on 02.02.2018, with the relevant records and on such appearance, the third respondent https://hcservices.ecourts.gov.in/hcservices/

has to enquire the matter and if the enquiry reveals that any cognizable offence is made out, then he has to register the case and proceed in accordance with law.

5.In case, the petitioner is not appeared before the third respondent for enquiry, on that date, then it is open to the third respondent to drop further proceedings.

6.With the above observations, this Criminal Original Petition is disposed of.

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

2.The Deputy Superintendant of Police, Virudhunagar Sub-Division, Virudhunagar District.

3.The Inspector of Police, West Police Station, Virudhunagar.

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

+1cc to M/S.K.Seemaraj, Advocate SR.No. 44139 CRL.OP.(MD) No.1210 of 2018 25.01.2018 GSP JM/SV/SAR 2/07.02.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/