Madras High CourtCRL OP(MD)/16187/2015disposed of

R.Mahendran v. The Commissioner Of Police

2015-08-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE K.KALYANASUNDARAM Crl.O.P. (MD) No.16187 of 2015 R.Mahendran ... Petitioner Vs.

1. The Commissioner of Police, Madurai City, Madurai 625 001.

2. The Inspector of Police, K.Pudur Police Station, Madurai City.

... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the first respondent to instruct the second respondent to register the case on the basis of the petitioner's complaint dated 27.07.2015.

For Petitioner : Mr.S.Mahendrapathy For Respondents : Mrs.S.Prabha Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the first respondent to instruct the second respondent to register a case on the basis of the petitioner's complaint dated 27.07.2015.

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

3. The learned counsel for the petitioner submitted that the petitioner sent a complaint to the second respondent on 27.07.2015 to take appropriate action against the proposed accused, who abused the petitioner with filthy language and also threatened him with dire consequences. Even after receiving the above said complaint, no action has been taken on the complaint. Hence, the present petition has been filed.

4. The learned Government Advocate(Crl.side) on instruction would submit that petition enquiry is pending.

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 respondents concerned may conduct a preliminary enquiry, which shall not extend beyond a period of seven days from the date of receipt of a copy of this order. In conducting the https://hcservices.ecourts.gov.in/hcservices/

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.

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

sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Madurai City, Madurai 625 001.

2. The Inspector of Police, K.Pudur Police Station, Madurai City.

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

+ 1 CC TO MR.S.MAHENDRAPATHY, ADVOCATE IN SR NO. 48826 AKV TE/NGM-SS/SAR(PA) 08/09/2015 2P/5C Crl.O.P(MD).No.16187 of 2015 21.08.2015 https://hcservices.ecourts.gov.in/hcservices/