Madras High CourtCRL OP(MD)/479/2018disposed of

V.Nagarajan, v. The Superintendent Of Police,

2018-01-11Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.02018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.479 of 2018 V.Nagarajan ... Petitioner Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Madurai, Madurai District.

2.The Sub Inspector of Police, Traffic Wing, Madurai, Madurai District.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent No.2 to register a case on the petitioner's complaint dated 29.12.2017 against the proposed accused person namely Sethuraman.

For Petitioner : Mr. S.M.A.Jinnah For Respondents : Mr. Prabu Ramachandran Government Advocate(Crl. Side) *****

ORDER

This Criminal Original Petition has been filed to direct the second respondent to register a case based upon the complaint given by the petitioner dated 29.12.2017.

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

3. The learned counsel for the petitioner has submitted that the petitioner is working as a priest in Malaysia. Taking advantage of the same the proposed accused is having illegal intimacy with the petitioner's wife. He further submitted that the petitioner, when returned to his native place on 25.11.2017, the proposed accused criminally intimidated him and also used obscene words and hence the petitioner lodged a complaint before the first respondent in person on 29.12.2017 and the same was forwarded to the second respondent, but so far no action being taken.

4. The learned Government Advocate(Crl. Side) has submitted that the appropriate police station is Othakadai Police Station, but the petitioner has wrongly mentioned the Sub Inspector of police, Traffic Wing as the authority to register a case. He further submitted that so far the first respondent has not forwarded the https://hcservices.ecourts.gov.in/hcservices/

said complaint to the Othakadai police station. He further submitted that after receipt of the complaint, the Inspector of Police, Othakadai police station would take appropriate action.

5. If any complaint is forwarded by the first respondent to the Inspector of Police, Othakadai police station, it is for him to make preliminarily enquiry and if the enquiry reveals any cognizable offence, he has to register a case and proceed in accordance with law.

6. With the aforesaid observations, this Criminal Original petition is disposed of.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, O/o. The Superintendent of Police, Madurai, Madurai District.

2.The Sub Inspector of Police, Traffic Wing, Madurai, Madurai District.

3.The Inspector of Police, Othakadai Police Station, Madurai 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Pnn/gsp RL/5C/2P/SV/MMS/SAR1/23/1/2018 CRL.OP.(MD) No.479 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 11.01.2018