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Madras High CourtCRL OP(MD)/16179/2017dismissed

S. Jayakumar, S/O.Sakkarai v. The Commissioner Of Police,

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.O.P.(MD).No.16179 of 2017 S.Jayakumar .. Petitioner Vs.

1. The Commissioner of Police, Office of the Commissioner of Police, Madurai.

2. The Inspector of Police, City Crime Branch, Madurai.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 2nd respondent to register the complaint dated 16.10.2015 preferred by the petitioner and to take action against the accused persons in accordance with law. For Petitioner : Mr.Janath Ahmed Alias B.Janarth Kumar For Respondents : Mr.K.Suyambulingabharathi Government Advocate (Criminal side)

ORDER

This petition has been filed seeking a direction to the 2nd respondent to register the case based on the petitioner's compliant dated 16.10.2015.

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 respondents against the proposed accused on 16.10.2015. But no action has been taken on the said complaint. Hence, the present petition has been filed before this Court.

4. When the matter was taken up for hearing, the learned Government Advocate (Criminal side) on instructions, would submit that the first respondent forwarded the petitioner's complaint to the Inspector of Police, S.S.Colony Police Station for enquiry. https://hcservices.ecourts.gov.in/hcservices/

Subsequently, through Current Paper No.07/C3 S.S.Colony / L&O PS/MC/2018, the Inspector of Police, S.S.Colony Police Station submitted a report stating that the place of occurrence does not come under his jurisdiction and the said occurrence had happened at Melur. Apart from that the petitioner also submitted a letter by stating that he did not know the address of the proposed accused. Hence, the petitioner may approach the concerned jurisdictional Magistrate to work out his remedy. He also produced a copy of the closure report before this Court.

5. Recording the submission made by the learned Government Advocate (Criminal side), the Criminal Original Petition is dismissed. However, liberty is granted to the petitioner to work out his remedy in the manner known to law.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Office of the Commissioner of Police, Madurai.

2. The Inspector of Police, City Crime Branch, Madurai.

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

+1cc to Mr.B.Janath Ahmed, Advocate Sr.No.68938 PJL VB/RSK/SAR4/09.07.2018/2P/5C Crl.O.P(MD)No.16179 of 2017 18.06.2018 https://hcservices.ecourts.gov.in/hcservices/