Madras High CourtCRL OP(MD)/15135/2017disposed of

M.Sulthan Maideen, v. The Inspector Of Police(Crime)

2018-06-18Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.OP.(MD) No.15135 of 2017 M.Sulthan Maideen .. Petitioner Vs.

1. The Inspector of Police (Crime), Anna Nagar Police Station, Madurai.

2. The Assistant Commissioner, Anna Nagar Police Station, Madurai.

3. The Commissioner of Police, Madurai District, Madurai.

.. Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the 1st respondent herein to take immediate action and to register a case for the complaint preferred by the petitioner dated 24.05.2017. For Petitioner : Mr.K.Shanmuga Raja For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

This petition is filed seeking a direction to the 1st respondent police to register the FIR based on the petitioner's complaint dated 24.05.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the State.

3. According to the petitioner, the petitioner made a complaint to the respondent police against the proposed accused on 24.05.2017. But no action has been taken on the said complaint. Hence, the present petition has been filed before this Court.

4. The learned Government Advocate (Criminal side) on instructions, would submit that the 1st respondent police served summons to the petitioner. Though the summons were received by the petitioner for two times, so far, the petitioner did not https://hcservices.ecourts.gov.in/hcservices/

appear and cooperate for enquiry. Hence, the 1st respondent police is not able to complete the enquiry. Therefore, the complaint was closed. He also produced the closure report before this Court.

5. At this juncture, the learned counsel for the petitioner undertakes that the petitioner will cooperate for enquiry and appear before the 1st respondent police as and when required.

6. In view of the above said fact, the first respondent police is directed to issue fresh summons to the parties and to conduct the enquiry. During the course of enquiry, if any cognizable offence is made out, the first respondent shall register the complaint and proceed in accordance with law and if not, the first respondent police will drop further proceedings on the said compliant.

7. Accordingly, the Criminal Original Petition is dismissed. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Anna Nagar Police Station, Madurai.

2. The Assistant Commissioner, Anna Nagar Police Station, Madurai.

3. The Commissioner of Police, Madurai District, Madurai.

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

+1cc to Mr.K.Shanmuga Raja, Advocate Sr.No.68791 PJL VB/SV/MMS/SAR4/02.07.2018/2P/6C CRL.OP.(MD) No.15135 of 2017 18.06.2018 https://hcservices.ecourts.gov.in/hcservices/