Madras High CourtCRL OP(MD)/13651/2017disposed of

K.Sekhar v. The Superintendent Of Police

2018-06-11Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.13651 of 2017 K.Sekhar : Petitioner/Complainant Vs.

1.The Superintendent of Police, Madurai Rural District, Madurai.

2.The Inspector of Police, Appan Tirupathi Police Station, Madurai District.

3.K.Rekha : Respondents [R3 impleaded as per order of this Court made in Crl.M.P.(MD).No.10274 of 2017 in Crl.O.P.(MD).No.13651/2017 dated 16.11.2017 by SSSRJ] Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent police to register a case against the proposed accused on the basis of the complaint dated 22.06.2017.

For Petitioner : Mr.T.K.Gopalan For Respondents 1&2 : Mr.R.Chandrasekaran Additional Public Prosecutor For Respondent No.3 : Mr.P.Venkatesan

O R D E R

This petition is filed seeking a direction to the 2nd respondent police to register a case against the proposed accused on the basis of the complaint dated 22.06.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 &2.

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3. When the matter is taken up for hearing, the learned Additional Public Prosecutor on instructions, would submit that the

petitioner was not cooperated for enquiry. He further submitted that if the petitioner cooperates for enquiry, the complaint will be enquired in accordance with law.

4. The learned counsel for the third respondent submitted that in the said enquiry, an opportunity may be given to the third respondent.

5. In view of the submissions made by the parties, the petitioner is directed to appear for enquiry immediately after receipt of summons from the respondent police, if not turned up, the respondent police will proceed further in accordance with law. Further, the respondent police is directed to conduct the enquiry after providing necessary opportunities to the parties concerned including the third respondent. During the time of enquiry, if any cognizable offence is made out, the respondent police shall register the complaint in accordance with law.

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

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Madurai Rural District, Madurai.

2. The Inspector of Police, Appan Tirupathi Police Station, Madurai District.

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

+ 1 CC TO Mr.P.VENKATESAN, ADVOCATE IN SR No. 67979 PJL TE/JC/SAR-3 : 21/06/2018 : 2P/5C CRL.O.P.(MD)No.13651 of 2017 11.06.2018 https://hcservices.ecourts.gov.in/hcservices/