Madras High CourtCRL OP(MD)/18376/2015disposed of

R. Periyasamy v. The Sub Inspector 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.18376 of 2015 R.Periyasamy : Petitioner Vs.

1. The State represented by the Superintendent of Police, S.P.Office, Thanthonmalai, Karur District.

2.The State represented by the Inspector of Police, Pasupathypalayam Police Station, Karur District.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the second respondent to register a case against the accused on the basis of the complaint dated 28.03.2015 preferred by the petitioner in CSR No.303 of 2015 on the file of the second respondent and to proceed in accordance with law and pass any other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner :Mr.V.Balaji 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 against the accused on the basis of the complaint dated 28.03.2015 preferred by the petitioner in CSR No.303 of 2015 on the file of the second respondent and to proceed in accordance with law.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the second respondent as early as on 28.03.2015, 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 based on the complaint given by the petitioner in C.S.R.No.303/2015, petition enquiry is going on. https://hcservices.ecourts.gov.in/hcservices/

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 (AS) /True Copy/ Sub Assistant Registrar ses To

1. The Superintendent of Police, S.P.Office,Thanthonmalai, Karur District.

2.The Inspector of Police, Pasupathypalayam Police Station, Karur District.

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

+1CC to Mr.V.Balaji Advocate Sr.No.56477 GJM/AN/MP/6.10.15-2P-5C Order made in Crl.O.P.(MD)No.18376 of 2015 Dated:23.09.2015 https://hcservices.ecourts.gov.in/hcservices/