Madras High CourtCRL OP(MD)/15343/2015disposed of

P. Albert v. The Superintendent Of Police

2015-08-07Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition (MD) No.15343 of 2015 P.Albert ... Petitioner Vs 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Cheramahadevi Police Station, Cheramahadevi, Tirunelveli District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the second respondent to register the case based on the complaint dated 23.07.2015 given by the petitioner herein and investigate the same in accordance with law.

For Petitioner : Mr.S.Krishnan For Respondents : Mr.K.Anbarasan Govt. Advocate(Crl. Side)

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the second respondent to register the case based on the complaint given by him dated 23.07.2015 and investigate the same in accordance with law.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the second respondent as early as on 23.07.2015, but, however, the second respondent police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief.

3. At this juncture, the learned Government Advocate(Crl. Side), on instructions, would submit that based on the complaint given by the petitioner in C.S.R.No.284 of 2015, petition enquiry is going on and he has further submitted that the petitioner is not co-operating with the enquiry and hence, prayed for dismissal of this petition.

4. Considering the rival submission made on both sides, the petitioner is directed to co-operate with the enquiry and the second respondent is directed to make an enquiry as expeditiously as possible in accordance with law and follow the dictum laid down in Lalitha Kumari vs. https://hcservices.ecourts.gov.in/hcservices/

Govt. of U.P & others [2013 (4) Crimes 243 (SC) and register a case, if any cognizable offence is made out.

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

Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Cheramahadevi Police Station, Cheramahadevi, Tirunelveli District.

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

+1CC to Mr.K.J.Associates SR.No.45429 Crl.O.P(MD)No.15343 of 2015 Dated: 07.08.2015 GJM-20.8.15-2P-5C https://hcservices.ecourts.gov.in/hcservices/