Madras High CourtCRL RC(MD)/602/2017disposed of

N.Munusamy v. The Inspector Of Police

2017-07-28Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2017

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.R.C(MD)No.602 of 2017 N.Munusamy ... Petitioner -VsThe State, represented by The Inspector of Police, Pasupathipalayam Police Station, Karur.

... Respondent Prayer : Criminal Revision Case filed under Section 397 r/w 401 and 482 of the Code of Criminal Procedure, praying this Court to call for the records pertaining to the order passed in C.M.P.No.2898 of 2017 before the learned Judicial Magistrate No.I, Karur and to set aside the same and direct the respondent to investigate the matter in accordance with law. For Petitioner : M/s.M.Saravanan For Respondent : Mr.C.Mayilvahana Rajendran Addl. Public Prosecutor (Crl. Side)

O R D E R

Dismissing the Petition filed by the Petitioner to direct the respondent Police to register his complaint, the present revision has been filed.

2.The Petitioner earlier given a complaint against his father-in- law, mother-in-law and brother-in-law and others alleging that they have trespassed into the house and taken away a double barrel gun which belongs to the Petitioner and also abused the Petitioner and his mother in filthy language. Hence he has given a complaint against them and that was not registered by the respondent Police and no action has been taken. In the circumstances, the Petitioner filed an application before the Judicial Magistrate No.I, Karur to register his complaint and the trial Court, considering the materials available before the Court, had dismissed the said application. Now challenging the same, the present revision has been filed.

3.Heard the submissions of Mr.M.Saravanan, learned counsel for the Petitioner and Mr.C.Mayilvahana Rajendran, learned Additional Public Prosecutor appearing for the respondent state and considered the materials on record.

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4.Today when the matter came up for hearing, the learned Additional Public Prosecutor represented that based on the complaint given by the Petitioner, enquiry is pending. In the above circumstances, the respondent/Police is directed to conduct enquiry on the complaint given by the Petitioner within a period of two weeks from the date of receipt of a copy of this order, following the dictum laid down by the Honourable Supreme Court in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC).

5.With the above direction, the Criminal Revision Case is disposed of.

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(C.S.) To 1.The Judicial Magistrate No.I, Karur.

2.The Inspector of Police, Pasupathipalayam Police Station, Karur.

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

+1cc to M/S.M.SARAVANAN, Advocate SR.No.68897 vsn MAS/MR-KKR/SAR1:09.08.2017:2P-5C Crl.R.C(MD) No.602 of 2017 28.07.2017 https://hcservices.ecourts.gov.in/hcservices/