Madras High CourtCRL OP(MD)/16857/2015disposed of

M.Sankar Ganesh v. The Commissioner 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.16857 of 2015 M.Sankar Ganesh : Petitioner Vs.

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

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli District.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondents to register a case and investigate the matter based upon the complaint sent by the petitioner dated 17.08.2015. For Petitioner :Mr.R.Vinoth 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 respondents to register a case and investigate the matter based upon the complaint send by the petitioner dated 17.08.2015.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the second respondent as early as on 17.08.2015, but, however, the second respondent police had not taken any steps to register a case and hence, the petitioner has come forward with 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 current paper No.A3/02 3828/15, petition enquiry is going on.

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. https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar ses To, 1.The Commissioner of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli District.

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

+1CC to Mr.R.Vinoth Advocate Sr.No.57119 GJM/JGB/DP/15.9.15-2P-5C Order made in Crl.O.P.(MD)No.16857 of 2015 Dated: 01.09.2015 https://hcservices.ecourts.gov.in/hcservices/