Madras High CourtCRL OP(MD)/331/2017disposed of

R.Russel Raj v. Pon Joseph

2017-01-12Honourable Mr Justice P. Kalaiyarasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.KALAIYARASAN Crl.O.P.(MD)No.331 of 2017 R. Russel Raj ... Petitioner Vs.

1. Pon Joseph ...Proposed Accused

2. Madhavan The Inspector of Police, Karungal Police Station, Kanyakumari District.

...Respondents

PRAYER : Petition filed under Section 482 of Criminal Procedure Code, seeking to directing the 2nd respondent to comply the direction of the Hon'ble Judicial Magistrate, Eraniel dated 24.03.2016 in Crl.M.P.No.2908/2016 and consequentially directed the Hon'ble Judicial Magistrate Eraniel to initiate prosecution against the 2nd respondent based on the guidelines rendered by this Hon'ble Court in Crl.O.P.Nos.19197, 19198, 19343 and 19359 to 19363 of 2016 dated 27.09.2016.

For Petitioners : Mr. S.Ramakrishnan For R2 : Mr. K.Anbarasan Government Advocate (Crl. Side) *******

ORDER

This Criminal Original Petition has been filed seeking direction to the second respondent to comply with the directions of the learned Judicial Magistrate, Eraniel, dated 24.03.2016 in Crl.M.P.No.2908 of 2016.

2.Heard the learned counsel for the petitioner. Considering prayer sought for by the petitioner, notice to the first respondent is not necessary. The learned Government Advocate (crl. side) has taken notice for the second respondent.

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3.It is averred in the petition that the petitioner presented the complaint before the learned Judicial Magistrate, Eraniel and the same was forwarded by the learned Judicial Magistrate, under Section 156(3) of Cr.P.C. On 24.03.2016. But the second respondent police has not taken any action pursuant to the above directions of the learned Judicial Magistrate, Eraniel. Now, the procedure has been laid down in LALITHA KUMARI's case and the defaulting officers will be dealt with as per the procedure laid down therein. 4.Considering the averments made in the petition, this Court issues the following direction:- "The second respondent is directed to comply with the directions of the learned Judicial Magistrate, Eraniel, within fifteen days from today."

5.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate Eraniel.

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

+1cc to Mr.S.Ramakrishnan, Advocate, SR.No.2755 Crl.O.P.(MD)No.331 of 2017 12.01.2017 rj2 MK/RR-ME/23.1.2017/2p/4c https://hcservices.ecourts.gov.in/hcservices/