Madras High CourtCRL OP(MD)/9089/2018disposed of

Dhanarajan Fernando v. The Superintendent Of Police

2018-06-07Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.9089 of 2018 Dhanarajan Fernando ... Petitioner Vs.

1. The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, Thiruchendur Taluk Police Station, Thoothukudi District.

... Respondents Petition is filed under Section 482 of the Criminal Procedure Code, directing the second respondent to register FIR upon the petitioner's complaint, dated 17.05.2018, entered in C.S.R.No.175 of 2018 on the file of the second respondent police. For Petitioner : Mr.N.Karthik Kanna For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the second respondent to register FIR upon the petitioner's complaint, dated 17.05.2018, which was entered in C.S.R.No.175 of 2018 on the file of the second respondent police. 2.According to the petitioner, he made a complaint before the second respondent police for the offences under Sections 406, 420 and 326 r/w. Sections 511, 294(b) and 506(ii) IPC against the proposed accused. Though the second respondent has acknowledged the same and assigned C.S.R.No.175/2018, no action has been taken on the petitioner's complaint. Hence, the petitioner has approached this Court with the present Criminal Original Petition. 3.The learned Additional Public Prosecutor submitted that the complaint is pending for enquiry.

4.In view of the above said submission made by the learned Additional Public Prosecutor, the second respondent is directed to conduct the enquiry in accordance with law. In conducting the preliminary enquiry, he shall put the concerned https://hcservices.ecourts.gov.in/hcservices/

parties upon notice. At the end thereof, if any cognizable offence is made out, he shall duly register a case and proceed in accordance with law, otherwise, he shall drop the further proceedings. In the event of effecting closure of the case upon conducting a petition enquiry, a copy of the closure report shall be forwarded to the complainant.

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

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, Thiruchendur Taluk Police Station, Thoothukudi District.

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

+1cc to Mr.N.Karthik Kanna,Advocate Sr.No.67179 Smn2 MK/SV MMS/SAR 1/18.06.2018/2P/5C CRL.O.P.(MD) No.9089 of 2018 07.06.2018 https://hcservices.ecourts.gov.in/hcservices/