Madras High CourtCRL OP(MD)/17304/2017disposed of

S. Ashok v. The Superintendent Of Police,

2018-06-21Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.17304 of 2017 S.Ashok .. Petitioner Vs.

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

2.The Sub-Inspector of Police, Melur Police Station, Madurai District.

.. Respondents Petition is filed under Section 482 of the Criminal Procedure Code, directing the second respondent to register the FIR against the accused persons based on the petitioner's complaint dated 15.08.2017, within the time limit that may be stipulated by this Court and to file the final report after conducting proper investigation.

For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the second respondent to register an FIR against the accused persons based on the petitioner's complaint dated 15.08.2017, within the time limit that may be stipulated by this Court and to file the final report after conducting proper investigation.

2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor has produced a copy of the closure report and submitted that the complaint of the petitioner was enquired by the second respondent and in spite of summons, the petitioner did not appear for enquiry and the proposed accused appeared before the second respondent and therefore, the complaint was closed.

3.The learned counsel for the petitioner submitted that an opportunity may be granted to the petitioner to appear for enquiry. https://hcservices.ecourts.gov.in/hcservices/ 4.In view of the above said submission made by both parties, the petitioner is directed to appear for enquiry on

26.06.2018 before the second respondent police. The second respondent is directed to conduct the enquiry in accordance with law. While conducting the preliminary enquiry, he shall put the concerned parties upon notice. At the end thereof, if any cognizable offence is made out, the second respondent shall duly register a case and proceed in accordance with law, otherwise, further proceedings shall be dropped. In the event of effecting closure of the case upon conducting a petition enquiry, a copy of the closure report shall be forwarded to the complainant. It is made clear that if the petitioner failed to appear before the second respondent police on the aforesaid date, the second respondent police shall pass appropriate orders.

5.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Superintendant of Police, Madurai District, Madurai.

2.The Sub-Inspector of Police, Melur Police Station, Madurai District.

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

CRL.O.P.(MD) No.17304 of 2017 21.06.2018 smn2 JM/SKN RSK/SAR 2/22.06.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/