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Madras High CourtCRL OP(MD)/14893/2016disposed of

Saraswathi v. The Superintendent Of Police

2016-10-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.14893 of 2016 Saraswathy .. Petitioner Vs.

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

2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3.The Assistant Superintendent of Police, Thakkalai, Kanyakumari District.

.. Respondents (R3 suo motu impleaded as third 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 second respondent to register a case based on the petitioner's complaint dated 05.07.2016. For Petitioner : Mr.T.Jeen Joseph For respondents : Mr.K.Anbarasan 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 05.07.2016.

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 before the second respondent has been transferred to the file of the Assistant Superintendent of Police, Thakkalai for enquiry and that the https://hcservices.ecourts.gov.in/hcservices/

petition enquiry is pending.

4.In view of the above submission made by the learned Government Advocate, the Assistant Superintendent of Police, Thakkalai, Kanyakumari District, is suo motu impleaded as the third respondent in this petition and the third respondent is directed to expedite the enquiry and complete the same within a period of two weeks from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the third 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 her remedy in the manner known to law. 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3.The Assistant Superintendent of Police, Thakkalai, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to M/s.T.Deen Joseph, Advocate in SR.No.63148/16 PJL CSL/PV/16.11.2016 :2P/6C Crl.O.P(MD)No.14893 of 2016 20.10.2016 https://hcservices.ecourts.gov.in/hcservices/