Madras High CourtCRL OP(MD)/18341/2015disposed of

Sudalaimuthu v. The Supereindent Of Police

2015-09-23Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.18341 of 2015 Sudalaimuthu : Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, District Crime Branch, Tirunelveli District.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the second respondent police to register a case on the complaint of the petitioner dated 15.07.2015 and pass any order or orders as this Court may deem fit and proper to the circumstances to this case. For Petitioner :Mr.T.A.Ebenezer 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 police to register a case on the complaint of the petitioner dated 15.07.2015.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the second respondent as early as on 15.07.2015, 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.

3. At this juncture, the learned Government Advocate(Crl. Side), on instructions, would submit that the complaint of the petitioner has been forwarded to the Inspector of Police, *Seevalaperi Police Station and based on the same, in https://hcservices.ecourts.gov.in/hcservices/

C.P.No.G7/3280/43451, petition enquiry is going on before the Inspector of Police, (*)Seevalaperi Police Station, Tiruenlveli and no petition is pending on the file of the second respondent police.

4. Considering the rival submission made on both sides, the Inspector of Police, *Seevalaperi Police Station, Tiruenlveli District, 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 *Amendment as per order of this court dated 24.11.2015 and made in MP(MD)No.1/2015 in Crl.OP(MD)No.18341/2015 Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To *To be subsituted for the order already depatched on 9.10.2015 1.The Inspector of Police, *Seevalaperi Police Station, Tirunelveli District.

2.The Superintendent of Police, Tirunelveli District.

3.The Inspector of Police, District Crime Branch, Tirunelveli District.

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

+1cc to Mr.T.A.Ebenezer,Advocate Sr.No.56430 ses AA/AN-MP/06.10.2015/2p-6c GJM/AAL/MPA/21.12.2015-2P-6C RL/6C/AAL/MPA/SARI/1/2/2016 Order made in Crl.O.P.(MD)No.18341 of 2015 Dated:- 23.09.2015 https://hcservices.ecourts.gov.in/hcservices/