Madras High CourtCRL OP(MD)/18692/2015disposed of

P. Balamurugan v. The Superintendent 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.18692 of 2015 P.Balamurugan : Petitioner Vs.

1.The Superintendent of Police, Virudhuangar District, Virudhunagar.

2.The Sub Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virdhunagar 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 basis of the petitioner's complaint dated 13.03.2015 against the proposed accused namely Muthuraj, Mutharasu and his wife and investigate the matter in accordance with law and pass such further or other orders as this Court may deem fit and proper in the nature and circumstances of the case.

For Petitioner : Mr.R.R.Kannan 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 the second respondent to register the case on the basis of the petitioner's complaint dated 13.03.2015 against the proposed accused namely Muthuraj, Mutharasu and his wife and investigate the matter in accordance with law.

2. The learned counsel for the petitioner submitted that the petitioner has given complaint to the second respondent as early as on 13.03.2015, 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), https://hcservices.ecourts.gov.in/hcservices/ on instructions, would submit that based on the complaint given by the

petitioner in C.S.R.No.53/2015, 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 /TRUE COPY/ Sub Assistant Registrar To

1. The Superintendent of Police, Virudhuangar District, Virudhunagar.

2. The Sub Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virdhunagar District.

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

+1 cc to MR.R.R.Kannan, ADVOCATE, SR No.57166 3P/5C SH:JGB:09.10.2015 Order made in Crl.O.P.(MD)No.18692 of 2015 Dated: 29.09.2015 https://hcservices.ecourts.gov.in/hcservices/