Madras High CourtCRL OP(MD)/21452/2016disposed of

N.Mohan v. The Inspector Of Police

2016-11-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.21452 of 2016 N.Mohan .. Petitioner Vs.

1. The Inspector of Police, District Crime Branch, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

(R2 suo motu impleaded as second respondent as per the order of this Court in this petition) .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondent to register the case on the Petitioner's complaint dated 03.09.2016 and proceed with the same as per law within the time frame fixed by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : 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 03.09.2016 within the time limit.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The learned Government Advocate (Crl. Side) would submit that the complaint preferred by the petitioner before the first respondent has been transferred to the file of the Inspector of Police,Thiruthangal Police Station, Virudhunagar District and that the petition enquiry is pending.

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4.In view of the above submission made by the learned Government Advocate (Crl. Side), the Inspector of Police, Thiruthangal Police Station, Virudhunagar District, is suo motu impleaded as the second respondent in this petition and the second respondent 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 second 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.

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

Sd/ Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To

1. The Inspector of Police, District Crime Branch, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

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

+1cc to M/s.T.Lajapathi Roy, Advocate, in SR No.69869. Crl.O.P(MD)No.21452 of 2016 15.11.2016 pjl msm/ss2/29.11.16/p2/5c https://hcservices.ecourts.gov.in/hcservices/