Madras High CourtCRL OP(MD)/11392/2016disposed of

Daniel Durai Pandian, v. The Commissioner Of Police,

2016-07-12Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.11392 of 2016 Daniel Durai Pandian .. Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, (Law and Order), Vilakkuthoon Police Station, Madurai City, Madurai.

3.The Assistant Commissioner of Police, Madurai Town Sub-Division, Madurai.

.. Respondents (R3 suo motu impleaded as third respondent, as per the order of this Court in this petition) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent to register a case on the petitioner's complaint dated 09.06.2016 as per law within a stipulated time.

For Petitioner : Mr.S.Thangaraj For respondents : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 09.06.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Crl. Side) would submit that the complaint preferred by the petitioner before the first

respondent has been transferred to the file of the Assistant Commissioner of Police, Madurai Town Sub-Division, Madurai for enquiry and that the petition enquiry is pending. 4.In view of the above submission made by the learned Government Advocate, the Assistant Commissioner of Police, Madurai Town Sub-Division, Madurai, is suo motu impleaded as the third respondent in this petition and the third respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the third respondent police shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC). In case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. On receipt of the same, it is open to the petitioner to work out his remedy in the manner known to law.

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

Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, (Law and Order), Vilakkuthoon Police Station, Madurai City, Madurai.

3.The Assistant Commissioner of Police, Madurai Town Sub-Division, Madurai.

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

+One cc to Mr.S.Thangaraj, Advocate, SR.No.35827 gcg RL/6C/2P/ARK/PV/22/7/2016 Crl.O.P(MD)No.11392 of 2016 12.07.2016 https://hcservices.ecourts.gov.in/hcservices/