Madras High CourtCRL OP(MD)/6819/2015closed

Suganthi, F/55, v. The Superintendent Of Police,

2016-11-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.6819 of 2015 Suganthi : Petitioner -Vs1. The Superintendent of Police, Kanyakumari, Kanyakumari District.

2. The Inspector of Police, Land Grabbing Cell, Kanyakumari, Kanyakumari District : Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure, to direct the 2nd respondent to register a case/FIR on the complaint given by the petitioner, dated 07.04.2015 and investigate into the case.

For Petitioner : Mr.S.Muthukumar For Respondents : Mr.P.Kannithevan Govt. Advocate (Crl.Side)

O R D E R

The petition has been filed under Section 482 Cr.P.C, seeking a direction to the 2nd respondent to register a case upon the complaint of the petitioner, dated 07.04.2015 and investigate the same in accordance with law.

2.Heard the learned counsel for petitioner and learned Government Advocate (Crl. Side) appearing for the respondents. 3.The learned Government Advocate (Crl. Side), would submit that no complaint was received by the respondents police. 4.In any event, the petitioner is directed to appear before the 2nd respondent police and give a fresh complaint along with this order and on receipt of such complaint, the 2nd respondent police is directed to register the complaint by following the dictum laid down by the Hon'ble Supreme Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)] and the 2nd respondent police may https://hcservices.ecourts.gov.in/hcservices/

conduct a preliminary enquiry, which shall not extend beyond a period of seven days from the date of receipt of a copy of this order. In conducting the preliminary enquiry, they shall put the concerned parties upon notice. At the end thereof, if any cognizable offence is made out, they shall duly register a case. In the event of effecting closure of the case upon conducting a petition enquiry, a copy of the closure report shall be forwarded to the complainant. 5.The Criminal Original Petition is disposed of with the above direction.

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

1. The Superintendent of Police, Kanyakumari, Kanyakumari District.

2. The Inspector of Police, Land Grabbing Cell, Kanyakumari, Kanyakumari District.

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

ER TE/SS-2 : 24/01/2017 : 2P/4C Crl.O.P.(MD) No.6819 of 2015 15.11.2016 https://hcservices.ecourts.gov.in/hcservices/