Madras High CourtCRL OP(MD)/17886/2015disposed of

J.Kaveri 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.17886 of 2015 J.Kaveri : Petitioner Vs.

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Thiruvaiyaru, Thanjavur District.

3.The Inspector of Police, Nadu Cauvery Police Station, Thanjavur District.

4.Balakrishnan 5.Senthilkumar : Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the third respondent to register the case against the respondents 4 & 5 on the basis of the complaint given by the petitioner on 18.07.2015 and conduct necessary investigation and file a final report before the concerned court. For Petitioner : Mr.K.M.Karunakaran For R1 to R3 : 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 third respondent to register the case against the respondents 4 & 5 on the basis of the complaint given by the petitioner on 18.07.2015 and conduct necessary investigation and file a final report before the concerned court https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the third respondent as

early as on 18.07.2015, but, however, the third 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.C.No.30773/SP/2015, petition enquiry is going on.

4. Considering the rival submission made on both sides, the third 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(AE) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Thiruvaiyaru, Thanjavur District.

3.The Inspector of Police, Nadu Cauvery Police Station, Thanjavur District.

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

+1cc to Mr.K.M.Karunakaran, Advocate Sr.No.55303 ses AA/SKS-RR/06.10.2015/2p-6c Order made in Crl.O.P.(MD)No.17886 of 2015 Dated:- 18.09.2015 https://hcservices.ecourts.gov.in/hcservices/