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Madras High CourtCRL OP(MD)/15212/2015dismissed as infructuous

S. Krishnakumar v. The Commissioner Of Police

2015-08-06Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD)No.15212 of 2015 S.Krishnakumar : Petitioner

Versus

State rep by 1.The Commissioner of Police, Trichy City.

2.The Inspector of Police, All Women Police Station, Srirangam, Trichy District.

: Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent herein to register the complaint of petitioner dated 28.07.2015 and take necessary action within the time stipulated by this Court. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.K.Anbarasarn Government Advocate (Crl.side)

O R D E R

The petitioner has come forward with the present petition seeking a direction to the second respondent herein to register the complaint of petitioner dated 28.07.2015 and take necessary action within the time stipulated by this Court.

2. Heard both sides.

3. As per the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC), the Investigating Agency must be given seven days time to conduct enquiry and register a case, if any cognizable https://hcservices.ecourts.gov.in/hcservices/ offence is made out.

4. However, in the case on hand, a perusal of the typed-set of papers would go to show that the complaint has been sent to the second respondent only on 28.07.2015 and this petition has been filed on 04.08.2015. Therefore, I am of the view that it is too premature to consider the petition at this stage. Hence, this Criminal Original Petition is dismissed, as it is premature.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar Ns To 1.The Commissioner of Police, Trichy City.

2.The Inspector of Police, All Women Police Station, Srirangam, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in Crl.O.P.(MD)No.15212 of 2015 Dated:- 06.08.2015 CSL/NGM-SS/SAR-II/21/08/2015 2p/4c https://hcservices.ecourts.gov.in/hcservices/