Madras High CourtCRL OP(MD)/20135/2015disposed of

Pillappan @ Shajakan v. The Home Secretary

2015-10-16Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2015

CORAM:

THE HONOURABLE MRS.JUSTICE S.VIMALA Criminal Original Petition (MD)No.20135 of 2015 Pillappan @ Shajakan .. Petitioner Vs.

1.State of Tamil Nadu, Rep. by its Home Secretary, St. Fort George, Chennai.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Director, Central Bureau of Investigation, Shasthiri Bhavan, Nungampakkam, Chennai.

.. Respondents Petition is filed under Section 482 Cr.P.C. to direct the first respondent to depute the officer to register the case of the petitioner's complaint dated 05.02.2015 and to permit the transfer of the case to the third respondent after registration of First Information Report on the basis of the complaint given by him on 05.02.2015. For Petitioner : Mr.R.Venkatesan For Respondents : Mr.P.Kandasamy Government Advocate (crl. Side)

ORDER

This petition has been filed to direct the first respondent to register the complaint of the petitioner dated 05.02.2015 and transfer the case to the third respondent for investigation. 2.It is contended by the learned Government Advocate (crl. side) that the petitioner did not co-operate for the enquiry which is being conducted by the respondent and therefore, the petitioner must be directed to appear and co-operate for the enquiry. 3.Therefore, the petitioner is hereby directed to appear for enquiry before the second respondent or any other officer authorised by the second respondent.

https://hcservices.ecourts.gov.in/hcservices/ 4.In the event of the enquiry disclosing any cognizable offence, the respondent shall follow the dictum laid down in the judgment of the

Hon'ble Supreme Court in Lalita Kumari vs. Govt. of U.P. & others [2013

(4) Crimes 243 (SC)], and to take further action in accordance with law. 5.The Criminal Original Petition is disposed of accordingly. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Home Department, Fort St. George, Chennai-9.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Director, Central Bureau of Investigation, Shasthiri Bhavan, Nungampakkam, Chennai.

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

Crl.O.P.(MD)No.20135 of 2015 16.10.2015 rj2 GJM/KBM/04.11.2015 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/