Madras High CourtCRL OP(MD)/3049/2016disposed of

Mahalingam v. The Commissioner Of Police

2016-07-12Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.3049 of 2016 and Crl.M.P.No.5337 of 2016 Mahalingam ... Petitioner -Vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, S.S.Colony Police Station (Crime) Madurai City ... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent to register the complaint dated 09.02.2016 preferred by the petitioner for the offences punishable under Sections 408, 420, 477(A) IPC and to take action against the accused persons in accordance with law. For Petitioner : M/s.R.Gandhi For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side) For Intervenor : Mr.T.Lajapathi Roy

ORDER

This petition has been filed seeking a direction to the 2nd respondent to register the the complaint dated 09.02.2016 preferred by the petitioner for the offences punishable under Sections 408, 420, 477(A) IPC and to take action against the accused persons in accordance with law.

2. Heard the learned counsel for the petitioner, learned counsel for the intervenor and the learned Government Advocate (Crl. Side) for the respondents.

3. According to the learned Government Advocate (Crl. Side), petition enquiry is pending before the 2nd respondent. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above submission, the second respondent is

directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the second respondent police 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 [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. While conducting enquiry, the intervenor shall also be heard by the respondents. With the above direction, this Criminal Original Petition is disposed of. Consequently connected Miscellaneous Petition is closed.

Sd/ Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, S.S.Colony Police Station (Crime) Madurai City.

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

+1cc to Mr.T.Lajapathi Roy, Advocate in SR.No.36407 +1cc to Mr.R.Gandhi, Advocate in SR.No.35719 SDR/GSV-PM/19.07.2016/2P/6C Crl.O.P.(MD).No.3049 of 2016 and Crl.M.P.No.5337 of 2016 12.07.2016 https://hcservices.ecourts.gov.in/hcservices/