Madras High CourtCRL OP(MD)/14158/2015disposed of

S. Sudalai Kannu v. The Director General Of Police

2015-11-17Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2015

CORAM:

THE HONOURABLE Mr. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.14158 of 2015 S.Sudalai Kannu ... Petitioner Vs.

1.The Director General of Police, O/o of Director General of Police, Chennai - 4.

2.The Assistant Commissioner of Police, Cyber Crime Branch, Vepery, Chennai - 7.

3. The Commissioner of Police, O/o. The Commissioner of Police, Tirunelveli City, Tirunelveli District.

4.The Inspector of Police, The City Crime Branch, Tirunelveli, Tirunelveli City.

... Respondents (The fourth respondent is impleaded as per the order dated 17.11.2015 made in M.P.(MD) No. 1 of 2015). PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the the respondents No. 2 to 3 to conduct investigation and to register the case on the petitioner's complaint dated 25.11.2013 and proceed with the same as per law within the time frame fixed by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mrs.S.Prabha Government Advocate(Crl.Side)

O R D E R

The petition has been filed under Section 482 Cr.P.C., to direct the respondents 2 to 3 to conduct investigation and to register a case on the petitioner's complaint dated 25.11.2013 and proceed with the same as per law within the time frame fixed by this Court.

2.The learned Government Advocate (Crl.side) appearing for the respondent Police on instruction would submit that the complaint has been received by the respondent Police and the same will be enquired into and if any prima facie case is made out, the said complaint would be registered and the investigation would be https://hcservices.ecourts.gov.in/hcservices/

completed.

3.Considering the submissions made on either side, this Court is inclined to direct the respective Police to enquire into the veracity of the complaint in adherence to the principles and directions laid down by the Honourable Apex Court in the case of Lalita Kumari -Vs-Government of U.P and others reported in 2013(4) Crimes 243 (SC) and complete the same within a period of one month from the date of receipt of a copy of this order. In the event of the respondent Police finding any prima facie case in the complaint of the petitioner, they shall register a case within a period of one week thereafter.

4.In case of closure of complaint, the respondent Police is directed to send a copy of the closure report to the petitioner within a period of one week from the date of closure. On receipt of the same, it is open to the petitioner either to make a private complaint or recourse to any other provisions of law. The Criminal Original petition is disposed of accordingly. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar CM To, 1.The Director General of Police, O/o of Director General of Police,Chennai - 4. 2.The Assistant Commissioner of Police, Cyber Crime Branch,Vepery, Chennai - 7.

3. The Commissioner of Police,O/o. The Commissioner of Police, Tirunelveli City,Tirunelveli District.

4.The City Crime Branch,Tirunelveli, Tirunelveli City. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+one cc to Mr.T.Lajapathi Roy, Advocate in SR.No.65944 CSL/NGM-SS/27.11.2015 2P/7C CRL.OP.(MD)No.14158 of 2015 17.11.2015 https://hcservices.ecourts.gov.in/hcservices/