Madras High CourtCRL OP(MD)/17856/2015disposed of

N.Saravanan v. The Superintendent Of Police

2015-09-18Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.17856 of 2015 N.Saravanan : Petitioner Vs.

1.The State rep. by Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Thenkarai Police Station, Periyakulam Taluk, Theni District.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the first respondent to instruct the second respondent to register the First Information Report on the basis of the petitioner's complaint dated 08.08.2015 on the file of the respondents and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner :Mr.R.Shankar GAnesh 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 first respondent to instruct the second respondent to register the First Information Report on the basis of the petitioner's complaint dated 08.08.2015 on the file of the respondents.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the second respondent as early as on 08.08.2015, 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.

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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.663/2015, 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.

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

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Thenkarai Police Station, Periyakulam Taluk, Theni District.

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

+1cc to Mr.R.Shankar Ganesh,Advocate Sr.No.55535 ses AA/AN-MP/06.10.2015/2p-5c Order made in Crl.O.P.(MD)No.17856 of 2015 Dated:- 18.09.2015 https://hcservices.ecourts.gov.in/hcservices/