Madras High CourtCRL OP(MD)/22884/2014disposed of

S.Muthukumar, Adovate v. The Superintendent Of Police

2015-02-09Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2015

CORAM

THE HONOURABLE MR. JUSTICE C.T. SELVAM Crl.O.P.(MD)No.22884 of 2014 S.Muthukumar ... Petitioner

Versus

1. The Superintendent of Police, Madurai District, Madurai

2. The Inspector of Police, Thirupparankundram Police Station, Thirupparankundram, Madurai District ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the 2nd respondent to register a case based on the complaint dated 06.12.2014 and pass such other and further orders which this Hon'ble Court deems fit and proper in the circumstances of this case and thus render justice.

For Petitioner : Mr. W. Peter Rameshkumar For Respondents : Mr.K.V. Rajarajan Government Advocate (Crl. Side)

ORDER

Learned counsel for petitioner submitted that petitioner, a handicapped person, suffering 60% orthopaedic disability has been abused and man handled by a Sub Inspector of Police, when he visited a temple on 06.12.2014 at 8.00 am.

2. Learned counsel for petitioner submits that despite registration of case on 16.12.2014, investigation has been conducted and closed as "mistake of fact" on the very same day.

3. We have perused the Case Diary and final report filed by the respondents.

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4. On consideration of the submissions of learned counsel for petitioner and perusal of the above papers, this Court is of the view that it is appropriate to dismiss this petition granting liberty to petitioner to move by way of protest petition, if considered appropriate, within a period of one month from the date of receipt of a copy of this order. The Magistrate concerned shall deal with any such petition solely on merits.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Madurai District, Madurai

2. The Inspector of Police, Thirupparankundram Police Station, Thirupparankundram,Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+1cc to Mr.W.Peter Ramesh Kumar, Advocate Sr.No. 6249 trp AA/24.02.2015/2p- 5c/ Crl.O.P.(MD)No.22884 of 2014 09.02.2015 https://hcservices.ecourts.gov.in/hcservices/