Madras High CourtCRL OP(MD)/17716/2017dismissed

S.Rajagopal v. The District Superintendent Of

2018-07-23Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.17716 of 2017 and CRL.M.P.(MD)No.4823 of 2018 S.Rajagopal .. Petitioner Vs.

1. The District Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Inspector of Police, Eraniel Police Station, Kanyakumari District.

.. Respondents Prayer : Petition filed under Section 482 of the Criminal Procedure Code to direct the 2nd respondent police to register the FIR based on that complaint dated 11.12.2017 lodged by the petitioner.

For Petitioner : Mr.K.Rajeshwaran For Respondents : Mr.K.Suyambulingabharathi, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the second respondent police to register the FIR based on the petitioner's complaint dated 11.12.2017.

2. Heard the learned Counsel appearing on either side.

3. The learned Government Advocate (Crl. Side), on instructions, would submit that based on the complaint preferred by the petitioner, enquiry was conducted, where the complaint was found to be false and therefore, the respondents police have closed the same. He has also produced the closure report before this Court. However, the same is refuted by the learned Counsel for the petitioner.

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4. In such a view of the matter, recording the submission made by the learned Government Advocate (Crl. Side), this Criminal Original Petition is dismissed, with liberty to the petitioner to seek his remedy before the concerned Judicial Magistrate, if so advised. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (CS-III) To

1. The District Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Inspector of Police, Eraniel Police Station, Kanyakumari District.

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

GK TE/MMS/SAR-3 : 02/08/2018 : 2P/4C CRL.O.P.(MD) No.17716 of 2017 23.07.2018 https://hcservices.ecourts.gov.in/hcservices/