Madras High CourtCRL OP(MD)/16855/2015disposed of

Muthukaluvan v. The Superintendent Of Police

2015-09-01Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.16855 of 2015 Muthukaluvan : Petitioner Vs.

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

2.The Sub Inspector of Police, Sedapatti Police Station, Madurai District.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the second respondent to register a case on the basis of the complaint dated 13.08.2015 given by the petitioner and file a final report within time stipulated by this Court and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner :Mr.P.R.Prithiviraj 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 second respondent to register a case on the basis of the complaint dated 13.08.2015 given by the petitioner and file a final report within time stipulated by this Court.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the second respondent as early as on 13.08.2015, but, however, the second respondent had not taken any steps to register a case and hence, the petitioner has come forward with 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 in C.S.R.No.88/2015, petition enquiry is going on.

4. Considering the rival submission made on both sides, the third 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.

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

Sd/- Assistant Registrar(Record) /True copy/ Sub Assistant Registrar ses To 1.The Superintendent of Police, Madurai, Madurai District.

2.The Sub Inspector of Police, Sedapatti Police Station, Madurai District.

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

+1cc to Mr.P.R.Prithiviraj,Advocate Sr NO.51093 Order made in Crl.O.P.(MD)No.16855 of 2015 Dated:- 01.09.2015 RG.10.09.2015/AAL/MPA/SAR-II 2P/5C.

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