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Madras High CourtCRL OP(MD)/22746/2015dismissed

R. Venugopal v. The Superintendent Of Police

2017-05-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2017

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.22746 of 2015 R.Venugopal .. Petitioner -vs1.The Superintendent of Police, Pudhukottai District, Pudhukottai.

2.The Deputy Superintendent of Police, Pudhukottai District, Pudhukottai.

3.The Sub Inspector of Police, Mimisal Police Station, Mimisal, Pudhukottai.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. Praying to direct the Respondent No.1 to direct the 2nd respondent to enquire the matter and take necessary action on the petitioner's complaint dated 02.11.2015 within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed, seeking to direct the 1st respondent to direct the 2nd respondent to enquire into the matter and take necessary action on the petitioner's complaint dated 02.11.2015.

2. When the matter was taken up for hearing, learned Government Advocate (Crl.Side) submitted that earlier the petitioner had filed a similar petition in Crl.O.P.(MD) No.18505 of 2015, in which final orders were passed on 27.10.2015, which is as follows:

"The petitioner has come forward with this petition seeking for a direction, directing the second respondent https://hcservices.ecourts.gov.in/hcservices/

to register a case on the basis of the complaint given by him dated 25.08.2015.

2. The learned counsel for the petitioner would submit that the petitioner has given a complaint to the second respondent as early as on 25.08.2015, but 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.132 of 2015, petition enquiry has been conducted and the same has been closed on 09.09.2015.

4. Recording the submission of the learned Government Advocate (Crl.Side), this Criminal Original Petition is disposed of."

3. The petitioner has thereafter given a complaint dated 02.11.2015 and subsequently, has filed the present petition with the above prayer.

4. In view of the judgment of this Court in Sugesan Transport Pvt. Ltd. represented by its Director Rajendra Sheth No.7C, Second Canal Cross Road Gandhi Nagar Adyar, Chennai 600 020 vs. The Assistant Commissioner of Police, J-2, Adyar Police Station, Adyar, Chennai 600 020 and another, reported in 2016 (2) CTC 286, the prayer is not maintainable. Hence, this petition is dismissed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar.

To 1.The Superintendent of Police,Pudhukottai District,Pudhukottai. 2.The Deputy Superintendent of Police, Pudhukottai District, Pudhukottai.

3.The Sub Inspector of Police, Mimisal Police Station, Mimisal,Pudhukottai.

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

+1CC to M/S.A.Haja Mohideen, Advocate, SR.No. 55721 Crl.O.P.(MD) No.22746 of 2015 04.05.2017 ar KK/MMS/SAR 3/16.05.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/