Madras High CourtCRL OP(MD)/865/2018disposed of

D.Kaliyuhakannan v. The Commissioner Of Police

2018-01-23Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2018

CORAM

THE HON'BLE MR.JUSTICE P. RAJAMANICKAM Crl.O.P.(MD) No.865 of 2018 D. Kaliyuhakannan ... Petitioner -Vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Koodalpudur Police Station, Madurai City.

... Respondents Prayer: This Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to direct the second respondent to register the case based on the petitioner's complaint dated 07.12.2017 and 13.12.2017.

For Petitioner : Mr.V.Santhakumaresan For RR1 & 2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the second respondent to register a case, based upon the complaints given by the petitioner, dated 07.12.2017 and 13.12.2017.

2. The learned counsel appearing for the petitioner has submitted that the proposed accused persons have committed offences under Sections 147, 148, 149, 427, 451 of IPC r/w. 3(1) of TNPPDL Act and hence, complaints were sent on 07.12.2017 and 13.12.2017, but, so far, the second respondent has not taken any steps to register a case.

3. The learned Government Advocate (Crl. Side) appearing for the respondent has submitted that after receipt of the said complaints the summons have been sent to the petitioner directing him to appear for enquiry. He further submitted that though the petitioner has received summons, he did not appear and he is not cooperating for enquiry and hence, the complaints are still pending.

4. Considering the aforesaid submissions, the petitioner is directed to appear before the second respondent on 31.01.2018 and on such appearance, the second respondent has to enquire the matter and https://hcservices.ecourts.gov.in/hcservices/

if the enquiry reveals any cognizable offence, he has to register a case and proceed in accordance with law. In case the petitioner fails to appear on that date, it is open to the second respondent to drop further proceedings.

5.With the above observation, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Koodalpudur Police Station, Madurai City.

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

+1cc to M/S.V.Santhakumaresan, Advocate SR.No. 43404 Crl.O.P.(MD) No.865 of 2018 23.01.2018 TRP JM/JC/SAR 3/12.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/