T.Balaubramanian v. The Deputy Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.17704 of 2017 T.Balasubramanian .. Petitioner Vs.

1.The Deputy Commissioner of Police, (Crime) Madurai, Madurai District.

2.The Inspector of Police (Crime) South Gate Police Station, Madurai District.

.. Respondents Petition is filed under Section 482 of the Criminal Procedure Code to direct the second respondent herein to register the case based on the petitioner's complaint dated 09.11.2017 and further directed to investigate the same in accordance with law. For Petitioner : Mr.T.Balarathinakumar For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction to the second respondent herein to register a case based on the petitioner's complaint dated 09.11.2017 and further direct to investigate the same in accordance with law.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents submitted that despite summons having been issued to the petitioner to appear before the respondent police with relevant documents, the petitioner has not appeared before the respondent police for enquiry. Hence, the complaint has been closed on 18.01.2018. He has also produced a copy of the said closure report dated 18.01.2018. 3.At this juncture, the learned counsel appearing for the petitioner submitted that the petitioner undertakes to appear before the respondent police for enquiry as and when summon is issued to him.

4.Considering the facts and circumstances of the case, an opportunity can be given to the petitioner to appear before the respondent police with relevant records. Hence, the second respondent is directed to issue summons to the petitioner. On receipt of summons, the petitioner shall appear before the https://hcservices.ecourts.gov.in/hcservices/

respondent police for enquiry with all relevant documents. Thereafter, the respondent police shall conduct enquiry, on notice to the parties concerned and complete enquiry within a period of two weeks thereafter.

5.With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Deputy Commissioner of Police, (Crime) Madurai, Madurai District.

2.The Inspector of Police (Crime) South Gate Police Station, Madurai District.

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

CRL.O.P.(MD) No.17704 of 2017 27.06.2018 mj JM/AE/SAR 3/12.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/