Madras High CourtCRL OP(MD)/15730/2015disposed of

Senthamarai v. The Superintendent Of Police

2015-08-14Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2015

CORAM:

THE HONOURABLE Ms.JUSTICE R.MALA CRL.O.P.(MD)No.15730 of 2015 S.Senthamarai ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Sub Inspector of Police, Aranthangi Police Station, Nagudi Post 614 616, Aranthangi, Pudukkottai District.

... Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent Police to register a case in pursuant to the complaint of the petitioner dated 12.06.2015 on the file of the second respondent and investigate the same and pass any such further or other order or orders as this Court may deem fit and proper in the circumstances . For Petitioner : Mr.R.Maheshwaran For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side)

ORDER

This petition has been filed praying to direct therespondent to register a case in pursuant to the complaint of the petitioner dated 12.06.2015 on the file of the second respondent and investigate the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the State.

3.The learned counsel for the petitioner would submit that the petitioner has given a complaint on 12.06.2015, but, the respondent has not registered a case. Hence, the petitioner has come forward with this application for a direction directing the respondent to register a case on the basis of the complaint given by the petitioner on 12.06.2015.

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4. The learned Government Advocate (Crl.side) would

submit the second respondent has received the complaint of the petitioner dated 12.06.2015 and the same is pending in C.S.R.No.231 of 2015.

5. 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 shall conduct preliminary enquiry and register a case if any cognizable offence is made out.

6. With the above directions, this Criminal Original Petition is disposed of.

sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukkottai District.

2.The Sub Inspector of Police, Aranthangi Police Station, Nagudi Post 614 616, Aranthangi, Pudukkottai District.

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

SES TE/SS-NGM/SAR(PA) 09/09/2015 2P/4C CRL.O.P.(MD)No.15730 of 2015 14.08.2015 https://hcservices.ecourts.gov.in/hcservices/