Madras High CourtCRL OP(MD)/14309/2015ordered

S. Sivasamy v. The Superintendent 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.14309 of 2015 S.Sivasamy : Petitioner -Vs1.The Superintendent of Police, Karur District.

2.The Inspector of Police, Karur Town Police Station, Karur District.

: Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent to register F.I.R and initiate necessary action in accordance with law on the basis of the complaint preferred by the petitioner, dated 03.07.2015 within the time stipulated by this Honourable Court.

For Petitioner :Mr.R.Alagumani 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 on the basis of the complaint preferred by the petitioner, dated 03.07.2015 within a stipulated time.

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 the proposed accused forged the documents in respect of the land belonged to the grandfather of the petitioner. Therefore, the petitioner gave a complaint before the second respondent on 03.07.2015. Since, no action has been taken by the second respondents police, this petition is filed.

4.The learned Government Advocate(Crl. Side) has submitted that based on the complaint given by the petitioner, dated 03.07.2015, petition enquiry is pending before the second respondent police. It is further submitted that the petitioner is not co-operating with the enquiry.

5. The learned counsel for the petitioner submitted that the petitioner will co-operate with the enquiry.

6. 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.

7.The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To

1. The Superintendent of Police, Karur District.

2. The Inspector of Police, Karur Town Police Station, Karur District.

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

+1 CC TO MR.R.ALAGUMANI, ADVOCATE, SR NO:42044 pm JAM/14.815/2P-5C Crl.O.P(MD).No.14309 of 2015 27.07.2015 https://hcservices.ecourts.gov.in/hcservices/