Madras High CourtCRL OP(MD)/16131/2016disposed of

A.Mymoon v. The Commissioner Of Police,

2016-09-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD)No.16131 of 2016 A.Mymoon .. Petitioner Vs.

1.The Commissioner of Police, O/O.the Commissioner of Police, Tirunelveli.

2.The Inspector of Police, Pettai Police Station, Tirunelveli .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Respondent No.2 to register a case based on the petitioner's complaint dated 08.08.2016. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.A.P.Balasubramani, 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 08.08.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.According to the learned Government Advocate (Crl. Side), petition enquiry is pending before the second respondent. 4.It is brought to the notice of the Court that statement of the victim has not been recorded.

5.It is agreeable for the respondents to record the statement of the victim within a period of one week. 6.There is no contention that the nature of the complaint requires immediate registration of the case.

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7.Under such circumstances, subject to the statement of the victim, the second respondent shall expedite 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 second respondent 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. 8.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, O/O.the Commissioner of Police, Tirunelveli.

2.The Inspector of Police, Pettai Police Station, Tirunelveli 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.S.M.A.Jinnah, Advocate SR.No.50268 mj sm:SKS-RR:21/09/2016:2P/5C Crl.O.P.(MD)No.16131 of 2016 01.09.2016 https://hcservices.ecourts.gov.in/hcservices/