Madras High CourtCRL OP(MD)/1433/2016disposed of

P.Saravanan v. The Commissioner Of Police

2016-01-28Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2016

CORAM:

THE HONOURABLE Mr. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.1433 of 2016 P.Saravanan ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai 625 001.

2.The State Rep.by the Inspector of Police, Meenakshi Amman Kovil Police Station, Maudrai City, Madurai 625 001.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., directing the 2nd respondent to register the complaint dated 13.01.2016 made by the petitioner.

For Petitioner : Mr.T.Sundaravadanam For Respondents : Mr.A.P.Balasubramani, G.A.(Crl.side)

O R D E R

The petition has been filed under Section 482 Cr.P.C., directing the respective respondent Police to register the complaint of the petitioner against the proposed accused. 2.The learned Government Advocate (Crl.side) appearing for the respondent Police on instruction would submit that the complaint has been received by the respondent Police and the same will be enquired into and if any prima facie case is made out, the said complaint would be registered and the investigation would be completed.

3.Considering the submissions made on either side, this Court is inclined to direct the respective Police to enquire into the veracity of the complaint in adherence to the principles and directions laid down by the Honourable Apex Court in the case of Lalita Kumari -Vs-Government of U.P and others reported in 2013(4) Crimes 243 (SC) and complete the same within a period of one month from the date of receipt of a copy of this order. In the event of the respondent Police finding any prima facie case in the complaint of the petitioner, they shall register a case within a period of one week thereafter.

https://hcservices.ecourts.gov.in/hcservices/ 4.In case of closure of complaint, the respective respondent Police is directed to send a copy of the closure report

to the petitioner within a period of one week from the date of closure. On receipt of the same, it is open to the petitioner either to make a private complaint or recourse to any other provisions of law. The Criminal Original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

To 1.The Commissioner of Police, Madurai City, Madurai 625 001.

2.The Inspector of Police, Meenakshi Amman Kovil Police Station, Maudrai City, Madurai 625 001.

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

+1 cc to M/S.T.Sundaravadanam, Advocate, SR No.5022 Crl.O.P.(MD)No.1433 of 2016 28.01.2016 RG.NGM-SS/SAR-I 04.02.2016 2P/5C https://hcservices.ecourts.gov.in/hcservices/