Madras High CourtCRL OP(MD)/18618/2015disposed of

P. Sivasankaran v. The Commissioner Of Police

2015-09-29Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.18618 of 2015 P.Sivasankaran : Petitioner Vs.

1. The Commissioner of Police, Office of the Commissioner of Police, Tirunelveli.

2.The Inspector of Police, Perumalpuram Police Station, Perumalpuram, Tirunelveli District.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the second respondent to register the case on the petitioner's complaint dated 6.6.2015 and proceed with the same according to law within the time frame fixed by this Court and pass such further or other orders as this Court may deem fit and proper in the facts and circumstances of the case.

For Petitioner :Mr.Muthusamundeeshwaran For Respondents :Mr.A.P.Balasubramani Government Advocate(Crl. Side)

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing second respondent to register the case on the petitioner's complaint dated 6.6.2015 and proceed with the same according to law within the time frame fixed by this Court.

2. The learned counsel for the petitioner submitted that the petitioner has given complaint to the second respondent as early as on 06.06.2015, 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.397/2015, 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 (AS) /TRUE COPY/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

1. The Commissioner of Police, Office of the Commissioner of Police, Tirunelveli.

2. The Inspector of Police, Perumalpuram Police Station, Perumalpuram, Tirunelveli District.

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

+1 cc to MR.Muthu Samundiswaran, ADVOCATE, SR No.57899. 2P/5C SH:JGB:09.10.2015 Order made in Crl.O.P.(MD)No.18618 of 2015 Dated:29.09.2015 https://hcservices.ecourts.gov.in/hcservices/