Madras High CourtCRL OP(MD)/15117/2015disposed of

Pothiraj, v. The Superintendent Of Police,

2015-08-05Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2015

CORAM:

THE HONOURABLE Ms.JUSTICE R.MALA CRL.O.P.(MD)No.15117 of 2015 Pothiraj ... Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, District Crime Branch, Madurai District.

... Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the complaint given by the petitioner dated 02.07.2015 and take necessary action within the time stipulated by this Court and pass such other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.J.Lawrance For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl. Side)

O R D E R

This petition has been filed praying to direct the second respondent to register the complaint given by the petitioner dated 02.07.2015 and take necessary action within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the State. 3.The learned Government Advocate submitted that the petitioner has given a complaint to the Superintendent of Police.

4. As per the judgment of the Hon'ble Supreme Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)], the second respondent police may conduct a preliminary enquiry which shall not extend beyond a period of seven days from the date of receipt of the complainant. 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.

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

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar ses https://hcservices.ecourts.gov.in/hcservices/

To 1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, District Crime Branch, Madurai District.

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

JAM/2.9.15/2P-4C CRL.O.P.(MD)No.15117 of 2015 05.08.2015 https://hcservices.ecourts.gov.in/hcservices/