Madras High CourtCRL OP(MD)/13665/2017disposed of

Govindaraj v. The Superintendent Of Police

2018-01-10Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD)No.13665 of 2017 Govindaraj ... Petitioner vs.

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

2.The Inspector of Police, South Police Station, Thoothukudi District, Thoothukudi.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent No.2 to register the case based on petitioner's complaint dated 20.08.2017. For Petitioner : Mr.B.Anandan For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent to register a case based on the petitioner's complaint dated 20.08.2017.

2.The learned counsel for the petitioner has submitted that even though a complaint has been lodged on 20.08.2017, the second respondent has not taken any steps to register a case. 3.The learned Government Advocate (Crl.Side) has submitted that after receipt of the complaint summons were sent to the petitioner, but he did not appear and hence, the second respondent is not in a position to dispose of the said complaint.

4.The learned counsel for the petitioner by way of reply, has submitted that the petitioner is working in army and hence, he did not appear when he was called by the second respondent. However, he undertakes to instruct the petitioner to appear before the second respondent on 23.01.2018.

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5.Recording the aforesaid submission, the petitioner is directed to appear before the second respondent on 23.01.2018 and on such appearance the second respondent has to enquire the matter and if the enquiry reveals any cognizable offence then he has to register a case and proceed further in accordance with law. If the petitioner not appeared on 23.01.2018, it is open to the second respondent to drop further proceedings.

6.With the aforesaid directions, the criminal original petition is disposed of.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, South Police Station, Thoothukudi District, Thoothukudi.

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

Crl.O.P.(MD)No.13665 of 2017 10.01.2018 MM JM/GT/SAR 2/09.02.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/