Madras High CourtCRL OP(MD)/16218/2015disposed of

Manikandan v. The Supdt. 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 MR.JUSTICE K.KALYANASUNDARAM Crl.O.P. (MD) No.16218 of 2015 Manikandan ... Petitioner Vs.

1. State through The Superintendent of Police, Tirunelveli, Tirunelveli District.

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

... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent to register a case on the petitioner's complaint dated 29.07.2015 in accordance with law. For Petitioner : Mr.M.Subash Babu For Respondents : Mrs.S.Prabha Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the second respondent to register a case on the petitioner's complaint dated 29.07.2015 in accordance with law.

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 29.07.2015 to take appropriate action against the proposed accused, who assaulted the petitioner. 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 second respondent 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 preliminary https://hcservices.ecourts.gov.in/hcservices/

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 (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Tirunelveli, Tirunelveli District.

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

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

+ 1 CC TO MR.M.SUBASH BABU, ADVOCATE IN SR NO. 48793 AKV TE/NGM-SS/SAR(PA) 08/09/2015 2P/5C Crl.O.P(MD).No.16218 of 2015 21.08.2015 https://hcservices.ecourts.gov.in/hcservices/