Madras High CourtCRL OP(MD)/3076/2016disposed of

K. Mahendran v. The Inspector Of Police

2016-02-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3076 of 2016 K.Mahendran ... Petitioner vs.

1.The Commissioner of Police Madurai City, Madurai 2.The Inspector of Police B-5 Police Station South Gate, Madurai City ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the second respondent to register FIR on the basis of the complaint, dated 23.01.2016, preferred by the petitioner.

For Petitioner : Mr.A.Jeyaraman For Respondents : Mr.S.Prabha, 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 23.01.2016.

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

3. The learned Government Advocate (Criminal Side) has submitted that on the basis of the complaint given by the petitioner, petition enquiry is pending and the petitioner is not co-operating for enquiry.

4. In view of the above submission, the petitioner is directed to co-operate for enquiry and the second respondent is directed to expedite https://hcservices.ecourts.gov.in/hcservices/ 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 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, 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.

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

Sd/ Assistant Registrar(R) /True Copy/ Sub Assistant Registrar.

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, B-5 Police Station, South Gate, Madurai City.

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

+1CC to Mr.A.Jeyaraman, Advocate, SR.No.10323 Crl.O.P.(MD) No.3076 of 2016 AM/JGB.DP/SAR-I/28.02.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/