Madras High CourtCRL OP(MD)/14262/2015ordered

Rev.M.S.Arivannal v. The Commissioner Of Police

2015-07-27Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.No.14262 of 2015 Rev.M.S.Arivannal : Petitioner -Vs1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Gandhi Market Police Station, Trichy.

: Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent to register a case for the complaint preferred by the petitioner, dated 02.07.2015 within the time stipulated by this Court.

For Petitioner :Mr.D.Selvaraj 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 second respondent to register a case based on the complaint given by the petitioner, dated 02.07.2015 within a stipulated time.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the State. 3.The learned counsel for the petitioner submitted that the petitioner was posted as Pastor in T.E.L.C. Zion Church and after taking charge, he found that the former Pastor Samual Thangaraj misappropriated a sum of Rs.9,00,000/-. Therefore, the petitioner gave a complaint to the second respondent on 02.07.2015 to register a case. Since no action has been taken, the petitioner has come forward with this petition.

4.The learned Government Advocate(Crl. Side) has submitted that based on the complaint given by the petitioner, dated 02.07.2015, petition enquiry is pending before the second respondent police. https://hcservices.ecourts.gov.in/hcservices/

5.In view of the above, the second respondent police is directed to conduct a preliminary enquiry, which shall not extend beyond a period of seven days from the date of receipt of a copy of this order, by following the judgement of the Hon'ble Supreme Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)]. 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 pm To 1.The Commissioner of Police, Trichy City,Trichy. 2.The Inspector of Police, Gandhi Market Police Station,Trichy.

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

Crl.O.P(MD).No.14262 of 2015 27.07.2015 csl, 11.08.2015 2p/4c https://hcservices.ecourts.gov.in/hcservices/