Madras High CourtCRL OP(MD)/21372/2015disposed of

Rm.Kasi v. The Superintendent Of Police

2015-11-06Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2015

CORAM:

THE HONOURABLE Mr. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.21372 of 2015 RM.Kasi ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, District Crime Branch, Sivagangai District.

3.The Inspector of Police, District Crime Branch, Sivagangai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent police to register a case on the complaint dated 26.10.2015 given by the petitioner against the accused mentioned in the complaint.

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

O R D E R

The petition has been filed under Section 482 Cr.P.C., to direct the respondent police to register a case on the complaint dated 26.10.2015 given by the petitioner against the accused mentioned in the complaint.

2.The learned Government Advocate (Crl.side) appearing for the respondent Police on instruction would submit that the complaint has been received by the respondent Police and the same will be enquired into and if any prima facie case is made out, the said complaint would be registered and the investigation would be completed.

https://hcservices.ecourts.gov.in/hcservices/

3.Considering the submissions made on either side, this Court is inclined to direct the respective Police to enquire into the veracity of the complaint in adherence to the principles and directions laid down by the Honourable Apex Court in the case of Lalita Kumari -Vs-Government of U.P and others reported in 2013

(4) Crimes 243 (SC) and complete the same within a period of one month from the date of receipt of a copy of this order. In the event of the respondent Police finding any prima facie case in the complaint of the petitioner, they shall register a case within a period of one week thereafter.

4.In case of closure of complaint, the respective respondent Police is directed to send a copy of the closure report to the petitioner within a period of one week from the date of closure. On receipt of the same, it is open to the petitioner either to make a private complaint or recourse to any other provisions of law. The Criminal Original petition is disposed of accordingly.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District. 2.The Deputy Superintendent of Police, District Crime Branch, Sivagangai District. 3.The Inspector of Police, District Crime Branch, Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.Tamilmani, Advocate Sr.No.65389 akm/20.11.2015 /2p-6c/ CRL.OP.(MD)No.21372 of 2015 06.11.2015 https://hcservices.ecourts.gov.in/hcservices/