D.Chandra v. The Commiossioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.07.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.No.14344 of 2015 D.Chandra : Petitioner -Vs1.The Commissioner of Police, Trichy.

2.The Assistant Commissioner of Police, Kottai Range, Trichy.

3.The Inspector of Police, Kottai Police Station, Trichy District.

: Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the third respondent to register the F.I.R on the basis of the petitioner's complaint, dated 13.07.2015. For Petitioner :Mr.J.Jeyakumaran 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 third respondent to register a case on the basis of the petitioner's complaint, dated 13.07.2015. 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 the proposed accused created a bogus document in respect of the property belonged to the petitioner and threatened the petitioner not to construct a house in the said land. Therefore, the petitioner gave a complaint to the third 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 13.07.2015, petition enquiry is pending before the third respondent police. 5.In view of the above, the third 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 https://hcservices.ecourts.gov.in/hcservices/

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(AE) /True copy/ Sub Assistant Registrar pm To 1.The Commissioner of Police, Trichy.

2.The Assistant Commissioner of Police, Kottai Range, Trichy.

3.The Inspector of Police, Kottai Police Station, Trichy District.

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

+one cc to M/s.J.Jeyakumaran, Advocate in SR.No.41790 Crl.O.P(MD).No.14344 of 2015 27.07.2015 csl /14.08.2015 2p/6c https://hcservices.ecourts.gov.in/hcservices/