Madras High CourtCRL OP(MD)/14319/2017dismissed

P.Nagavel, v. The Inspector Of General Of

2017-10-26Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.14319 of 2017 P. Nagavel : Petitioner -Vs1.The Inspector General of Police, South Zone, Madurai.

2.The Superintendant of Police, Ramanathapuram, Ramanathapuram District.

3.The Deputy Superintendant of Police, Thiruvadanai,Ramanathapuram District.

4.The Inspector of Police, Thondi Police Station, Thondi, Ramanathapuram District.

: Respondents PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the respondents to secure the accused in Crime No.223 of 2015 on the file of the 4th respondent police in accordance with law.

For Petitioner : Mr.S. Muthukumar For Respondents : Mr.K.S. Duraipandian Additional Public Prosecutor ***

O R D E R

This petition is filed for issuing a direction to the respondents to secure the accused in Crime No.223 of 2015 on the file of the 4th respondent police.

2. The petitioner states that he has given a complaint as against the some individuals and the case was registered in Crime No.223 of 2017, for the offences under Sections 147, 294(b), 323, 427, 447 and 506(i) of IPC. It is further stated by the petitioner that the complaint itself was registered after the petition filed under Section 156(3) of Cr.P.C and that because of the inaction by the fourth respondent against the individuals, they are threatening the petitioner. Since the persons against whom the petitioner given a complaint has not remanded, the https://hcservices.ecourts.gov.in/hcservices/

petitioner has come before this Court for appropriate relief to secure the accused in Crime No. 223 of 2017.

3. Heard the learned Additional Public Prosecutor appearing for the respondents.

4. Merely because the petitioner has given a complaint alleging certain offences as against the individuals, they cannot compel the investigation agency viz., Police concerned to arrest the accused without an enquiry. This Court as well as the Supreme Court time and again reiterated the procedure to be followed before arresting the person. The petitioner has not given any specific reason except stating that the complaint lodged by him is pending. Hence, this Court is not inclined to entertain this petition.

5. Accordingly, the Criminal Original Petition is dismissed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Inspector General of Police, South Zone, Madurai.

2.The Superintendant of Police, Ramanathapuram,Ramanathapuram District.

3.The Deputy Superintendant of Police, Thiruvadanai, Ramanathapuram District.

4.The Inspector of Police, Thondi Police Station, Thondi, Ramanathapuram District.

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

Trp AE/GT/SAR1/07.11.2017/2P/6C CRL.O.P.(MD)No.14319 of 2017 26.10.2017 https://hcservices.ecourts.gov.in/hcservices/