Madras High CourtCRL OP(MD)/9620/2018disposed of

Saron Fuel Center v. The Superintendent Of Police

2018-06-14Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.9620 of 2018 SARON FUEL CENTER, Represented by its Manager S.Kuttiyappan : Petitioner Vs.

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

2.The Deputy Superintendent of Police, Vilathikulam, Tuticorin District.

3.The Inspector of Police, Eppodumvendran Police Station, Tuticorin District.

: Respondents Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 3rd respondent police to register the FIR based on the petitioner's complaint dated 21.05.2018 within the time limit that may be stipulated by this Court. For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal Side)

O R D E R

This petition is filed seeking a direction to the 3rd respondent police to register the FIR based on the petitioner's complaint dated 21.05.2018 within a time frame.

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

3. According to the petitioner, the petitioner made a complaint to the respondent police against the proposed accused on 21.05.2018. But no action has been taken on the said complaint. Hence, the present petition has been filed before this Court.

4. The learned Government Advocate (Criminal side) on instructions, would submit that enquiry is pending and summons also served to the proposed accused. He further submitted that the https://hcservices.ecourts.gov.in/hcservices/

petitioner already made a complaint to the District Crime Branch, Thoothukudi in this regard.

5. At this juncture, the learned counsel for the petitioner undertakes that the petitioner will not prosecute the complaint pending before the District Crime Branch, Thoothukudi and he also requested this Court to direct the third respondent to register a case based on the petitioner's complaint dated 21.05.2018.

6. In view of the fact that the petition enquiry is pending before the third respondent, during the course of enquiry, if any cognizable offence is made out, the third respondent shall register the complaint and if it is not, the third respondent police will drop further proceedings in the said complaint.

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

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Deputy Superintendent of Police, Vilathikulam, Tuticorin District.

3.The Inspector of Police, Eppodumvendran Police Station, Tuticorin District.

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

+1cc to Mr.M.S.Jeyakarthik, Advocate Sr.No.10507 PJL VB/PN/SAR2/03.07.2018/2P/6C CRL.O.P.(MD)No.9620 of 2018 14.06.2018 https://hcservices.ecourts.gov.in/hcservices/