Mohamed Mustafa v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2347 of 2016 Mohamed Mustafa ... Petitioner vs.

1.The Superintendent of Police Trichy District, Trichy 2.The Inspector of Police Manapparai Police Station Manapparai, Trichy District ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the second respondent to register the case based on the complaint given by the petitioner on 30.01.2016. For Petitioner : Mr.A.Joel Paul Antony For Respondents : Mr.K.V.Rajarajan, G.A.(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 second respondent to register a case, based on his complaint, dated 30.01.2016.

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

3. It is seen that on the complaint, dated 30.01.2016, lodged by the petitioner against his son-in-law Mohammed Sirajudeen, petition enquiry is pending, in C.S.R.No.41 of 2016, before the second respondent Police.

4. The leaned Government Advocate (Criminal Side) has submitted that on the complaint lodged by Sajitha Mariam / granddaughter of the petitioner herein, petition enquiry is pending in C.S.R.No.58 of 2016, before Vadamadurai Police Station, Dindigul District.

5. It appears that both the complaints, lodged by the petitioner and his granddaughter, are with regard to matrimonial https://hcservices.ecourts.gov.in/hcservices/

matters. Hence, C.S.R.No.41 of 2016, pending on the file of the second respondent, is hereby ordered to be transferred to the file of Vadamadurai Police Station, to be enquired along with C.S.R.No.58 of 2016. During the course of enquiry, if any cognizable offence is made out, the Inspector of Police attached to Vadamadurai Police Station 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, reported in [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.

6. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar(Writ) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

krk To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District.

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

4.The Officer Incharge, Vadamadurai Police Station,Dindigul District. +1 cc to Mr.A.Joel Paul Antony,Advocate Sr No.8327 rg.NGM-SS 22.02.2016 2P/6C Crl.O.P.(MD) No.2347 of 2016 10.02.2016 https://hcservices.ecourts.gov.in/hcservices/