Madras High CourtCRL OP(MD)/10020/2018disposed of

T.Navanappan v. The Superintendentof Police

2018-06-21Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2018

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.10020 of 2018 T.Navanappan ... Petitioner Vs.

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

2. The Inspector of Police, District Crime Branch Police Station, Sivagangai District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent to register the case on the petitioner's complaint dated 02.05.2018, and proceed with the same as per law within the time frame fixed by this Court. For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed, seeking a direction to the second respondent to register the case on the petitioner's complaint dated 02.05.2018, and proceed with the same as per law within the time frame fixed by this Court. 2.The learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner's complaint dated 02.05.2018 was enquired and the same was closed on the ground that the petitioner has not appeared for the enquiry and there is no prima facie to keep the complaint pending.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not received any summons from the respondent police and the petitioner will co-operate with the enquiry on receipt of summons from the respondent police. 4.In the above circumstances, this Court directs the second respondent to issue summon to the petitioner. Thereafter, the petitioner has to appear for the enquiry. During the enquiry, if https://hcservices.ecourts.gov.in/hcservices/

any cognizable offence is made out, upon notice to the proposed accused, the respondent shall register the complaint and if there is no cognizable offence made out, the second respondent shall not proceed further. If any default appearance of the petitioner, it is open to the second respondent to drop further proceedings. 5.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, District Crime Branch Police Station, Sivagangai District.

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

+1cc to Mr.T.Thirumurugan, Advocate Sr.No.69454 MYR VB/KKR/SAR3/04.07.2018/2P/5C Crl.O.P.(MD)No.10020 of 2018 21.06.2018 https://hcservices.ecourts.gov.in/hcservices/