Madras High CourtCRL OP(MD)/4424/2016disposed of

Dr. C. Chellabaskar v. The Superintendent Of Police

2016-04-11Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD)No.4424 of 2016 C.Chellabaskar ..Petitioner Vs 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Sub-Inspector of Police, Karivalamvanthanallur Police Station, Karivalamvanthanallur, Tirunelveli District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to register the case based on the petitioner complaint dated 20.02.2016 for the offences punishable under Sections 447, 379, 426, 294(b) & 506(I) of IPC r/w. Section 3 of Tamil Nadu Prevention of Public Property Damage Act and investigate the same and to file a final report within the time frame stipulated by this Court. For Petitioner :Mr.T.Indirachithu For Respondents :Mrs.S.Prabha Government Advocate(Crl.Side)

O R D E R

This petition has been filed to direct the second respondent to register the case based on the petitioner complaint dated 20.02.2016 for the offences punishable under Sections 447, 379, 426, 294(b) & 506(I) of IPC r/w. Section 3 of Tamil Nadu Prevention of Public Property Damage Act and investigate the same and to file a final report.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that on the basis of the complaint given by the petitioner, petition enquiry is pending in C.S.R.No.75 of 2016.

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3. 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. The petitioner is directed to co-operate in the enquiry. 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 [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.

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

sd/ Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Sub-Inspector of Police, Karivalamvanthanallur Police Station, Karivalamvanthanallur, Tirunelveli District.

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

+1cc to Mr.T.Indrachithu, Advocate in Sr.No.20048 SDR/AAL-MPA/22.04.2016/2P/5C Crl.OP(MD)No.4424 of 2016 https://hcservices.ecourts.gov.in/hcservices/