Madras High CourtCRL OP(MD)/3549/2017closed

A.Periyakaruppan v. The Superintendent Of Police,

2017-03-27Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.3549 of 2017 A.Periyakaruppan : Petitioner -VsState represented by 1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3.The Inspector of Police, Kallal Police Station, Sivagangai District.

: Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to direct the third respondent to conduct a preliminary enquiry on the basis of the petitioner's complaint dated 01.02.2017 and take action in accordance with law. For Petitioner : Mr.R.Ganeshprabu For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side) ***

O R D E R

When the matter was taken up for hearing, the learned Government Advocate (Crl.Side) submitted that the petitioner is an accused in Cr.No.8 of 2015 for the offences under Sections 294(b), 323 and 506(ii) I.P.C. in respect of an incident taken place on 31.01.2017. Thereafter, the petitioner has sent a representation on 01.02.2017 making allegations against the police officer. Hence, the petitioner is before this Court by filing this petition under Section 482 Cr.P.C., with the above prayer.

2. In the considered opinion of this Court, the representation given by the petitioner is only a defence set up by him in Cr.No.8 of 2017. That apart, no such direction can be issued in the light of the judgment of this Court in Sugesan Transport Pvt. Ltd., vs. the Assistant Commissioner of Police, J2 Adyar Police Station, Chennai and another reported in 2016(5) CTC 577 https://hcservices.ecourts.gov.in/hcservices/

3. It is also submitted that the petitioner was released on anticipatory bail.

4. Recording the same, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(PROTOCOL) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3.The Inspector of Police, Kallal Police Station, Sivagangai District.

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

+1cc to M/s.R.GANESH PRABU Advocate in SR. No.18356 SSL/PSD JS/SV.MMS/SAR.4/17.04.2017/2P-6C CRL.O.P.(MD) No.3549 of 2017 Dated: 27.03.2017 https://hcservices.ecourts.gov.in/hcservices/