Madras High CourtCRL OP(MD)/21150/2016disposed of

M.Merlin v. The Inspector Of Police

2016-11-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.21150 of 2016 M.Merlin .. Petitioner Vs.

The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondent to register a criminal case against the proposed accused based on the complaint, dated 20.09.2016 and to take action against the proposed accused in accordance with law.

For Petitioner : Mr.N.Madhava Govindan For respondent : Mr.P.Kannithevan, Government Advocate (Criminal side)

ORDER

This petition is filed seeking a direction to the respondent to register a case based on the complaint of the petitioner, dated 20.09.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.It is represented by the learned Government Advocate(Crl. Side) that the learned Judicial Magistrate No.I, Tirunelveli, issued a direction to the respondent to register a case under Section 156(3) of Cr.P.C and for which, the respondent has given a reply to the learned Magistrate stating that the Inspector of Police(L & O), Palayamkottai, has to investigate the matter and the respondent has no jurisdiction to register the complaint. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above submission, the petitioner is

permitted to give a complaint to the Inspector of Police, Palayamkottai Police Station (L & O), Tirunelveli and on receipt of the same, the Inspector of Police, Palayamkottai Police Station (L & O), Tirunelveli, 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 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 take action in accordance with law.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.I, Tirunelveli.

2. The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

3. The Inspector of Police, (L & O), Palayamkottai Police Station Tirunelveli.

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

+ 1 CC TO Mr.N.MADHAVA GOVINDAN, ADVOCATE IN SR No. 66589 PM TE/CK : 24/11/2016 : 2P/6C Crl.O.P(MD)No.21150 of 2016 08.11.2016 https://hcservices.ecourts.gov.in/hcservices/