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Madras High CourtCRL OP(MD)/21181/2014ordered

Thamayanthi v. The Inspector General

2016-11-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21181 of 2014 Thamayanthi : Petitioner -Vs1. The Inspector General of Police, Office of the Inspector General of Police, South Zone, New Natham Road, Madurai.

2. The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

3. The Inspector of Police, T.Kallupatti Police Station, Madurai District.

: Respondents Prayer: Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent No.2 to register FIR on the basis of the petitioner's complaint, dated 08.11.2014 and initiate necessary action in accordance with law, within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani, For Respondents : Mr.P.Kannithevan Government Advocate(Criminal Side)

O R D E R

The Petition has been filed under Section 482 Cr.P.C. Seeking a direction to the 3rd respondent to register a case upon the complaint of the petitioner, dated 08.11.2014 and investigate the same in accordance with law.

2. Heard learned counsel appearing for petitioner and learned Government Advocate(Criminal Side) appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate(Criminal Side) would submit that no complaint was received by the respondents police.

4. In any event, the petitioner is directed to appear before the 3rd respondent police and to give a fresh complaint along with this order and on receipt of such complaint, the 3rd respondent police is directed to register the complaint by following the dictum laid down by the Hon'ble Supreme Court in Lalitha Kumari Vs. Govt. of U.P. & others [2013(4) Crimes 243(SC)]and the 3rd respondent police may conduct a preliminary enquiry, which shall not extend beyond a period of fifteen days from the date of receipt of a copy of this order. In conducting the preliminary enquiry, they shall put the concerned parties upon notice. At the end thereof, if any cognizable offence is made out, they shall duly register a case. In the event of effecting closure of the case upon conducting a petition enquiry a copy of the closure report shall be forwarded to the complainant.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/ Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

To

1. The Inspector General of Police, Office of the Inspector General of Police, South Zone, New Natham Road, Madurai.

2. The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

3. The Inspector of Police, T.Kallupatti Police Station, Madurai District.

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

+1CC to M/S.R.Alagumani, Advocate, SR.No. 69264 Crl.O.P(MD)No.21181 of 2014 15.11.2016 er AM/KM/07.12.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/