Madras High CourtCRL OP(MD)/5145/2019disposed of

R. Periranath @ Lakshmi v. The Superintendent Of Police

2019-04-04Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5145 of 2019 R.Periranath @ Lakshmi ... Petitioner /Vs./ 1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register a case on the complaint of the petitioner in pursuant to the order passed by the learned Judicial Magistrate No.2, Kuzhithurai in Crl.M.P.No.5110 of 2017 dated 19.09.2017.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent to register a case on the complaint of the petitioner in pursuant to the order passed by the learned Judicial Magistrate No.2, Kuzhithurai in Crl.M.P.No.5110 of 2017 dated 19.09.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

3. The learned counsel appearing for the petitioner submitted that the petitioner has preferred a complaint with the respondent police, but he is not taking any action on his complaint.

4. Considering the above said statement of the learned counsel appearing for the petitioner, this Court holds that if the petitioner is aggrieved by any inaction on the part of the police on a complaint disclosing the commission of cognizable offence, then his remedy lies elsewhere in terms of the judgment of the Division Bench of this Court reported in 2018-2-L.W.(Crl.) 489 - [G.Prabakaran vs. The Superintendent of Police, Thanjavur District and another]. Therefore, the petitioner is directed to work out his remedy in terms of the above said judgment.

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5. Accordingly, this criminal original petition is disposed of. Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.

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

+1cc to Mr.S.Sivakumar, Advocate, SR.No.59005 Crl.O.P.(MD)No.5145 of 2019 SM KK/SAR/30.04.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/