Madras High CourtCRL OP(MD)/14460/2016disposed of

S.Mohammed Abbas v. The District Superintendent Of

2016-08-11Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.14460 of 2016 S.Mohammed Abbas .. Petitioner Vs.

1.The State represented by The District Superintendent of Police, District Crime Branch, Pudukkottai Town and District.

2.The Inspector of Police, Udaiyalipatti Police Station, Kulathur Taluk, Pudukkottai District.

3.Thangaiah 4.The Station House Officer, Keeranur Police Station, Keeranur, Pudukkottai District.

.. Respondents (R4 suo motu impleaded as fourth respondent, as per the order of this Court in this petition) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the first respondent to direct the second respondent to register the complaint of the petitioner dated 29.07.2016 against the third respondent for appropriate action according to law.

For Petitioner : Mr.V.Singan For respondents : Mr.A.P.Balasubramani, 1,2 and 4 Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 29.07.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The learned Government Advocate (Crl. Side) would submit that the complaint preferred by the petitioner has not been received by the respondents so far.

4.In view of the above submission made by the learned Government Advocate, the petitioner is directed to present a petition before the Inspector of Police, Udaiyalipatti Police Station, second respondent herein.

5.It is alleged that as the complaint is against a Sub Inspector of Police, Udaiyalipatti Police Station, the Inspector of Police, Udaiyalipatti Police Station, second respondent shall make over the investigation to the Station House Officer, Keeranur Circle, Keeranur, Pudukkottai District, who is suo motu impleaded as the fourth respondent in this petition and the fourth respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the fourht respondent police shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC). In case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. On receipt of the same, it is open to the petitioner to work out his remedy in the manner known to law. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The District Superintendent of Police, District Crime Branch, Pudukkottai Town and District. 2.The Inspector of Police, Udaiyalipatti Police Station, Kulathur Taluk, Pudukkottai District.

3.The Station House Officer, Keeranur Police Station, Keeranur, Pudukkottai District.

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

Srm CSL/PV/23.09.2016 :3P/5C Crl.O.P(MD)No.14460 of 2016 11.08.2016