Madras High CourtCRL OP(MD)/4979/2018disposed of

N. Saravanan, v. The Superintendent Of Police,

2018-04-02Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.4979 of 2018 N.Saravanan : Petitioner Vs.

1.The Superintendent of Police, Thanjavur.

2.The Inspector of Police, West Police Station, Kumbakonam.

: 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 petitioner's complaint, dated 26.12.2017, and to take appropriate action against the accused persons within the time stipulated by this Court.

For Petitioner : Mr.C.Deepak For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to register a case, on the basis of the petitioner's complaint, dated 26.12.2017, and to take appropriate action against the accused persons within a time frame.

2. Heard the learned counsel appearing for the petitioner; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. The learned counsel appearing for the petitioner submitted that the petitioner made a complaint on 26.12.2017 before the second respondent police and a CSR receipt was issued. But, no action was taken on the part of the second respondent. Hence, the petitioner filed a petition under Section 156(3) Cr.P.C., and the same is pending before the learned Judicial Magistrate No.I, Kumbakonam. In the meantime, the petitioner has filed the present petition before this Court with the above said prayer.

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4. In view of the fact that the petitioner has already approached the learned Judicial Magistrate No.I, Kumbakonam, for the

same relief sought for in this petition, the present petition is not maintainable. Hence, this Criminal Original Petition is dismissed. However, the learned Judicial Magistrate No.I, Kumbakonam is directed to consider the complaint and take action in accordance with law as expeditiously as possible.

5. With the above direction, this Criminal Petition is disposed of.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate NO.I, Kumbakonam.

2.The Superintendent of Police, Thanjavur.

3.The Inspector of Police, West Police Station, Kumbakonam.

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

+1CC to Mr.C.Deepak, Advocate, SR.No. 59637 CRL.O.P.(MD)No.4979 of 2018 02.04.2018 PJL TE/SKN RSK/SAR 3/13.04.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/