S.Muthu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.OP.(MD) No.9905 of 2018 S.Muthu ... Petitioner Vs.

1. The Superintendent of Police, Madurai Rural, Madurai District.

2. State Rep. by The Inspector of Police, Vadipatti Police Station, Madurai District.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents to register a case based on the complaint preferred by the petitioner dated 14.05.2018.

For Petitioner : Ms.Prabha for Ms.P.Jessi Jeeva Priya For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) ****

ORDER

The Criminal Original Petition is filed to direct the second respondent herein to register a case based on the petitioner's complaint dated 14.05.2018 and to investigate the same in accordance with law.

2.Heard Ms.Prabha, learned Counsel for the petitioner and Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl. side), who takes notice for the respondents.

3. The learned counsel for the petitioner would submit that even though the complaint has been received by the second respondent, neither he conducted an enquiry nor registered a case. Hence, he come forward with the present petition.

4. Per contra, the learned Government Advocate (Crl. Side) would submit that based on the complaint preferred by the petitioner, an enquiry was conducted and it was found to be false. Therefore, the second respondent has closed the said complaint. https://hcservices.ecourts.gov.in/hcservices/

5. At this juncture, the learned Counsel for the petitioner would submit that no closure report was furnished to the petitioner, so far, in this regard and therefore, she prays for a direction to the respondents to furnish the closure report. She would further pray for a direction to approach the concerned Judicial Magistrate challenging the closure report, to be furnished by the respondents, if need be.

6. In view of the said submission of the learned Government Advocate (Crl. Side), this Criminal Original Petition is dismissed. The respondents are directed to furnish the closure report to the petitioner within a period of two weeks from the date of receipt of a copy of this order. On such receipt, it is open to the petitioner to approach the appropriate forum, if so advised.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Madurai Rural, Madurai District.

2. The Inspector of Police, Vadipatti Police Station, Madurai District.

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

+1cc to Ms.P.Jessi Jeeva Priya, Advocate Sr.No.68874 GK MK/VB/SB/SAR4/29.06.2018/2P/5C CRL.OP.(MD) No.9905 of 2018 20.06.2018 https://hcservices.ecourts.gov.in/hcservices/