Murugesan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.3150 of 2015 MURUGESAN ... PETITIONER Vs 1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DIST.

2 THE STATE OF REP.BY THE INSPECTOR OF POLICE KULASEKARAM POLICE STATION, KANYAKUMARI DIST ... RESPONDENTS Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to pass an order or direction directing 1st respondent to instruct the 2nd respondent to register a case against the proposed accused based on the petitioner's complaint dated 28.01.2015 and conduct investigation in accordance with law.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.D.CHRISTENSON JUUGUNU,Advocate for the petitioner and of MR.K.V.RAJARAJAN, Govt.Advocate (Crl.Side)on behalf of the Respondents the court made the following order:- By way of an interim order, this Court directs respondent police to peruse the complaint preferred by petitioner herein and register a case if the same informs commission of cognizable offence. In particular instances, respondent police may resort to a petition enquiry which again shall not extend beyond a period of one week. This order is made towards effecting and ensuring compliance with the decision of the Apex Court in Lalita Kumari Vs.Govt.of U.P. & others [2013 (4) Crimes 243 (SC)].

It is expected that respondent police will follow the dictate of the Apex Court in the aforesaid judgment in letter and spirit and not give room for any further action at the hands of this Court. In the event of respondent police not being in receipt of complaint allegedly preferred before them by petitioner, it would always be open for respondent police to inform such position at the next hearing date.

Post on 013.03.2015.

sd/- 27/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE SUPERINTENDENT OF POLICE KANYAKUMARI DIST 2.THE INSPECTOR OF POLICE KULASEKARAM POLICE STATION, KANYAKUMARI DIST. +1. CC to M/S.D.CHRISTENSON JUGUNU Advocate SR.No.9561

ORDER

IN CRL OP(MD) No.3150 of 2015 Date :27/02/2015 RG.10.03.2015 2P.C4.

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