Madras High CourtCRL OP(MD)/1885/2016closed

T. Sivaprabaskar v. The Superintendent Of Police

2016-11-24Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.1885 of 2016 T.Sivaprabaskar ... Petitioner vs.

1.The Superintendent of Police Subramaniapuram Trichirappalli-20 2.The Deputy Superintendent of Police Law and Order Jeeyapuram Police Station Trichirappalli 3.The Inspector of Police Law and Order Jeeyapuram Police Station Trichirappalli ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the 1st, 2nd and 3rd respondents immediately to take appropriate action against the petitioners complaint, dated 5.4.2015 and to direct the 3rd respondent immediately take the complaint on file and register a F.I.R., against the accused for their illegal and unlawful activities. For Petitioner :

Dr.R.Rajagopal For Respondents :

Mr.K.V.Rajarajan, Government Advocate(Crl.Side)

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking direction upon the third respondent to register a case, based on his complaint, dated 05.04.2015.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

3. It is seen that the complaint, dated 05.04.2015, has been sent by post and therefore the petitioner is directed to go in person and lodge a fresh complaint containing the same contents as found in the complaint, dated 05.04.2015, to the third respondent Police. On receipt of such complaint, the third respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of the fresh complaint. During the course of enquiry, if any cognizable offence is made out, the https://hcservices.ecourts.gov.in/hcservices/

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 his remedy in the manner known to law.

4. With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar(C.O.)(I/C) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Subramaniapuram, Trichirappalli-20.

2.The Deputy Superintendent of Police, Law and Order, Jeeyapuram Police Station, Trichirappalli.

3.The Inspector of Police, Law and Order, Jeeyapuram Police Station, Trichirappalli.

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

+2cc to M/s.DR.R.Rajagobal, Advocate SR.No.8785 akm/22.02.2016/2p-7c/jgb/dp Crl.O.P.(MD) No.1885 of 2016 15.02.2016 https://hcservices.ecourts.gov.in/hcservices/