Madras High CourtCRL OP(MD)/15732/2015disposed of

J. Prakash Metha 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.15732 of 2015 J.Prakash Metha ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur District, Thanajvur.

2.The Deputy Superintendent of Police, Thanjavur Town Division, Thanajvur.

3.The Inspector of Police, East Police Station, Thanjavur District.

4.Karthikeya ... Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent to register the case against the fourth respondent on the basis of the complaint given by the petitioner on 17.07.2015 and conduct necessary investigation and file a final report before the concerned court.

For Petitioner : Mr.S.Venkatesan For R1 to R3 : Mr.P.Kannithevan Government Advocate (Crl. Side)

O R D E R

This petition has been filed praying to direct the third respondent to register a case against the fourth respondent on the basis of the complaint given by the petitioner on 17.07.2015 and conduct necessary investigation and file a final report before the concerned court.

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 17.07.2015, 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 17.07.2015.

4. The learned Government Advocate (Crl.side) would submit the third respondent has received the complaint of the petitioner dated 17.07.2015 and the same is pending in current paper. https://hcservices.ecourts.gov.in/hcservices/

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 third 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 /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Thanjavur Town Division, Thanjavur.

3.The Inspector of Police, East Police Station, Thanjavur District.

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

+1cc to M/S.K.M.Karunakaran, Advocate in SR.No 46476 JAM/25.08.2015/2P - 6C NGM/SS/SAR -I CRL.O.P.(MD)No.15732 of 2015 14.08.2015 https://hcservices.ecourts.gov.in/hcservices/