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Madras High CourtCRL OP(MD)/9309/2018closed

A.M. Eswaramoorthi v. The Superintendent Of Police

2018-09-27Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.OP.(MD) No.9309 of 2018 A.M.Eswaramoorthi ... Petitioner Vs.

1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Kurangani Police Station, Bodinayakkanur, Theni District.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent to register a case on the petitioner's complaint dated 09.05.2018. For Petitioner : Mr.S.Ayyanar Prem Kumar For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) Mr.K.Neelamegam, for Proposed Accused/Intervenor *****

ORDER

This Criminal Original Petition is filed to direct the second respondent to register a case based on the petitioner's complaint dated 09.05.2018 and to investigate the case in accordance with law.

2. Heard the learned Counsel for the petitioner and Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl. side), who takes notice for the respondents.

3. The learned Government Advocate (Crl. side) would submit that the petitioner is not appearing before the respondents police and not co-operating for the investigation. He would further submit that if the petitioner appears for the enquiry and produces the relevant documents to prove his ownership over the vehicle, then the respondents police will take note of the same and proceed further in the manner known to law.

4. At this juncture, the learned Counsel appearing for the petitioner undertakes that the petitioner will co-operate for the enquiry by appearing before the respondents police, as and when he is called for by the authorities by issuing appropriate notices. https://hcservices.ecourts.gov.in/hcservices/

5. Mr.K.Neelamegam, learned Counsel appearing for the proposed accused, though was not arrayed as parties in this petition, is

also present before this Court and undertakes that the proposed accused will also appear before the respondents police, as and when they are called for by the authorities by issuing appropriate notices.

6. In the light of the said submission made by all the parties, this Criminal Original Petition is disposed of, directing the respondents police to consider the complaint of the petitioner and proceed with the same in accordance with law. Sd/ Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Kurangani Police Station, Bodinayakkanur, Theni District.

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

+1cc to Mr.S.AYYANAR PREMKUMAR, Advocate, SR.No. 67696 CRL.OP.(MD) No.9309 of 2018 11.06.2018 GK KK/SKN RSK/SAR-3/20.06.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/