Madras High CourtCRL OP(MD)/10713/2017disposed of

Rajendra Raj v. The Inspector Of Police

2017-08-16Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD)No.10713 of 2017 Rajendra Raj ... Petitioner/Complainant -Vs1.The State, Represented by the Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

... 1st respondent/respondent 2.Saji Kumar ... 2nd respondent/ Respondent PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent herein to take necessary action on the order passed Under Section 156(3) Cr.P.C., by the Learned Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District in Cr.M.P.No.1083 of 2017 dated 25.02.2017 forwarded vide D.No.410 of 2017 dated 01.03.2017. For Petitioner : Mr.A.Thiruvadi Kumar For Respondents : Mr.C.Mayilvahana Rajendran Assistant Public Prosecutor for R1.

O R D E R

This petition is filed seeking a direction to the 1st respondent to take necessary action on the order passed under Section 156(3) Cr.P.C., by the learned Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District in Cr.M.P.No.1083 of 2017 dated 25.02.2017 forwarded vide D.No.410 of 2017 dated 01.03.2017. 2.The petitioner said to have filed a petition before the Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District seeking a direction to the first respondent to register a criminal complaint given by him. The Judicial Magistrate said to have passed an order on 01.03.2017, directing the Inspector of Police, DCB, Nagercoil to enquire the matter and proceed according to law and also submit the records on or before 27.03.2017. So far the respondent police did not conduct any enquiry. Hence, the petitioner filed the present criminal original petition. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Assistant Public Prosecutor appearing for the

respondents would submit that even though the respondent police is ready to conduct enquiry, only this petitioner/complainant is not cooperating the police to proceed with the matter. 4.In the above said circumstances, the petitioner is directed to cooperate with the enquiry and the respondent police is also directed to conduct the enquiry and file a report as expeditiously as possible.

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

Sd/- Assistant Registrar(Crl side) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District.

2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

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

+1cc to Mr.A.THIRUVADI KUMAR,Advocate,SR.72548 CRL.O.P.(MD)No.10713 of 2017 16.08.2017 SSS KK/GT/SAR1/04.09.2017/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/