Madras High CourtCRL OP(MD)/17889/2015disposed of

S.Sivakumar v. The City Commissioner Of

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.17889 of 2015 S.Sivakumar : Petitioner Vs.

1.The City Commissioner of Police, Trichy District, Trichy.

2.The Inspector of Police, Cantonment Police Station(Law & Order), Trichy.

: 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 complaint given by the petitioner dated 21.08.2015 and consequently direct the first respondent to supervise the investigation and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner :Mr.S.Venkatesan 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 second respondent to register a case on the basis of the complaint given by the petitioner dated 21.08.2015 and consequently direct the first respondent to supervise the investigation.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the second respondent as early as on 21.08.2015, 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.148/2015, 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(Per Admn) /True Copy/ Sub Assistant Registrar To 1.The City Commissioner of Police, Trichy District, Trichy.

2.The Inspector of Police, Cantonment Police Station(Law & Order), Trichy.

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

+1cc to Mr.K.M.Karunakaran, Advocate Sr.No. 55302 ses AA/AN-MP/06.10.2015/2p-5c Order made in Crl.O.P.(MD)No.17889 of 2015 Dated:- 18.09.2015 https://hcservices.ecourts.gov.in/hcservices/