Madras High CourtCRL OP(MD)/14235/2017disposed of

B.Rajalakshmi v. The Superintendent Of Police

2017-10-25Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.14235 of 2017 B.Rajalakshmi ... Petitioner Vs.

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

2. The Inspector of Police, Anti Land Grabbing Special Cell, Ramanathapuram, Ramanathapuram District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to instruct the second respondent to register the case/FIR based on the petitioner's representation dated 28.09.2017 and also direct the second respondent to conduct the investigation as per the mandatory provisions of law and as per the dictum of Hon'ble Supreme Court held in the case of Lalithakumari vs State of U.P. For Petitioner : Mr.R.Murugan For Respondents : Mr.K.Anbarasan Government Advocate (Criminal side)

ORDER

This Criminal Original Petition has been filed under Section 482 Cr.P.C., to direct the first respondent to instruct the second respondent to register the case/FIR based on the petitioner's representation dated 28.09.2017 and also direct the second respondent to conduct the investigation as per the mandatory provisions of law and as per the dictum of Hon'ble Supreme Court held in the case of Lalithakumari vs State of U.P. 2.The learned counsel appearing for the petitioner submitted that the petitioner has given a complaint to the respondents on 28.09.2017, but, however, the second respondent has not taken any steps to register a case and hence, the petitioner came forward with this petition for the above said relief. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Government Advocate (Crl. Side) on instructions, would submit that petition enquiry is still pending.

4. In view of the above submission, the respondents are directed to expedite the enquiry and complete the same within a period of two weeks from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the 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(T&P) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Anti Land Grabbing Special Cell, Ramanathapuram, Ramanathapuram District.

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

+ 1 cc TO Mr.R.Murugan , Advocate in SR No. 83603 mrn/vsg AE/MR KKR/SAR1/02.11.2017/2P/5C Crl.O.P.(MD)No. 14235 of 2017 25.10.2017 https://hcservices.ecourts.gov.in/hcservices/