Madras High CourtCRL OP(MD)/16441/2015disposed of

S. Roshanbeevi v. The Superintendent Of Police

2015-08-26Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.16441 of 2015 S.Roshanbeevi : Petitioner Vs.

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

2.The Inspector of Police, Anti Land Grabbing Cell, Ramanathapuram, Ramanathapuram District.

3.The Inspector of Police, District Crime Branch Ramanathapuram, Ramanathapuram District.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to instruct the 2nd respondent to register a case as against person mentioned in the complaint for offences under Sections 147, 294(b), 468, 471, 474, 420 and 506(i) of IPC r/w 120 (b) of IPC on the basis of the complaint dated 6.8.2015 given by the petitioner and monitor the investigation in accordance with law. For Petitioner :Mr.R.Murugan For Respondents :Mr.P.Kannithevan Government Advocate(Crl. Side)

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the 1st respondent to instruct the 2nd respondent to register a case as against person mentioned in the complaint for offences under Sections 147, 294(b), 468, 471, 474, 420 and 506(i) of IPC r/w 120 (b) of IPC on the basis of the complaint dated 6.8.2015 given by the petitioner and monitor the investigation 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 06.08.2015, but, however, the second respondent police had not taken any steps to register a case and hence, the petitioner has come forward with https://hcservices.ecourts.gov.in/hcservices/

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, current paper is pending in C.No.447/DCB-SP/RMD/15.

4. Considering the rival submission made on both sides, the second respondent is directed to expedite the enquiry and follow the dictum laid down in Lalitha Kumari vs. 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(Crl.side) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police,Ramanathapuram,Ramanathapuram District. 2.The Inspector of Police,Anti Land Grabbing Cell, Ramanathapuram,Ramanathapuram District.

3.The Inspector of Police,District Crime Branch Ramanathapuram,Ramanathapuram District.

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

+one cc to Mr.R.Murugan, Advocate in SR.No.49088 Order made in Crl.O.P.(MD)No.16441 of 2015 26.08.2015 Ses CSL/AN-MP/SAR J/09.09.2015/AAC-MPA/09.09.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/