Madras High CourtCRL OP(MD)/14301/2015ordered

Mohamed Hanifa 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.14301 of 2015 MohamedHanifa ... Petitioner Vs 1.The Commissioner of Police, Madurai City, Madurai.

2.State through The Inspector of Police, Anna Nagar Police Station, Madurai District. ... Respondents PRAYER:

Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent to register a case against the proposed accused persons based on the petitioner's complaint, dated 18.07.2015.

For Petitioner :Mr.S.Muniyandi 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 against the proposed accused persons based on the petitioner's complaint, dated 18.07.2015.

2.Heard learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the State. 3.The learned counsel for the petitioner submitted that due to some money dispute, the accused threatened the petitioner with dire consequences. Therefore, the petitioner gave a complaint to the second respondent to register a case. Since, no action has been taken so far, 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 18.07.2015, petition enquiry is pending before the second respondent police.

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 https://hcservices.ecourts.gov.in/hcservices/

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 To 1.The Commissioner of Police, Madurai City, Madurai.

2.State through The Inspector of Police, Anna Nagar Police Station, Madurai District.

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

Crl.O.P(MD).No.14301 of 2015 27.07.2015 jam/17.8.15/2p-4c https://hcservices.ecourts.gov.in/hcservices/