Madras High CourtCRL OP(MD)/7362/2015disposed of

Ponmadasamy v. The Inspector Of Police

2015-10-14Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.7362 of 2015 Ponmadasamy : Petitioner/Complainant Vs.

The Inspector of Police, Teppakulam Police Station (L & O), Madurai : Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondent to register the case as per direction issued by the learned Magistrate NO.II, Madurai in accordance with law.

For Petitioner :Mr.M.Subash Babu For Respondents :Mr.P.Kannithevan Government Advocate(Crl. Side)

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the respondent to register the case as per direction issued by the learned Magistrate NO.II, Madurai in accordance with law.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the respondent police and since the same has not been registered, the petitioner filed private complaint under Section 156(3) Cr.P.C before the Judicial Magistrate NO.II, Madurai and the learned Magistrate directed the respondent police to take action on the complaint, but, however, the 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 on the basis of the complaint given by the petitioner, petition enquiry in C.S.R.No.60 of 2015 is pending.

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4. Considering the rival submission made on both sides, the respondent is directed to expedite the enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013

(4) Crimes 243 (SC) and register a case, if any cognizable offence is made out.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Madurai 2.The Chief Judicial Magistrate, Madurai 3.The Inspector of Police, Teppakulam Police Station (L & O), Madurai

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

+1cc to Mr.M.Subash Babu,Advocate Sr.No.61339 ses AA/AAL-MPA/29.10.2015/2p-6c Order made in Crl.O.P.(MD)No.7362 of 2015 Dated:-14.10.2015 https://hcservices.ecourts.gov.in/hcservices/