Madras High CourtCRL OP(MD)/8285/2014disposed of

Mrs.Florence Leelavathi v. The Superintendent Of Police

2015-05-05Honourable Mr Justice G.M.Akbar Ali2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2014

CORAM

THE HONOURABLE MR. JUSTICE G.M.AKBAR ALI Crl.O.P(MD)No.8285 of 2014 Florence Leelavathi ... Petitioner Vs.

1.The Superintendent of Police, O/o.the Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Eraniyal Police Station, Kanyakumari District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 2nd respondent to register the case on the petitioner's complaint dated 28.02.2014 and proceed with the same as per law. For Petitioner :Mr.K.A.Thirumalaiappan For Respondents :Mr.A.P.Balasubramani Government Advocate (Crl.side)

O R D E R

The petition has been filed under Section 482 Cr.P.C, praying to direct the 2nd respondent to register the case on the petitioner's complaint dated 28.02.2014 and proceed with the same as per law.

2. Heard learned counsel appearing for petitioner and learned Government Advocate(Crl.side) appearing for the respondents. 3.When the matter was taken up, the learned Government Advocate (Crl.side) submitted that petition enquiry is pending and the petitioner is not co-operating with the enquiry.

4. As per the judgment of the Hon'ble Supreme Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)], the respondent concerned may 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 petitioner is also directed to appear before the 2nd respondent Police on 07.05.2014 and on such appearance, the respondent is directed to enquiry and file the final report.

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6. Registry is directed to post this matter before this Court on 06.06.2014 for filing status report.

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

Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, O/o.the Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Eraniyal Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Mpk SR : 05.05.2014 : 2p/4c : IT Crl.O.P(MD)No.8285 of 2014 29.04.2014 https://hcservices.ecourts.gov.in/hcservices/