Madras High CourtCRL OP(MD)/4519/2016disposed of

V.Selvaraj 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.4519 of 2016 V.Selvaraj ..Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2. The Circle Inspector of Police, Vattathikottai Police Station, Thanjavur District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent No.2 to register FIR on the basis of the petitioner's complaint dated 01.02.2016 and initiate necessary action in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mrs.S.Prabha Government Advocate(Crl.Side)

ORDER

This petition has been filed to direct the respondent No.2 to register FIR on the basis of the petitioner's complaint dated 01.02.2016 and initiate necessary action in accordance with law.

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.53 of 2016.

3. On a reading of the complaint, it is seen that the dispute is essentially between the petitioner and his brother. Hence, 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 https://hcservices.ecourts.gov.in/hcservices/

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). While conducting enquiry, the second respondent police is directed to thoroughly enquire both parties and find out the genuineness of the complaint and only thereafter take action and the second respondent should not take any hurried action, as that will spoil the official career of the opposite party. 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 /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2. The Circle Inspector of Police, Vattathikottai Police Station, Thanjavur District.

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

+ 1 CC TO MR.R.ALAGUMANI, ADVOCATE IN SR NO. 20516 SSL TE/AN-MP/ : 22/04/2016 : 2P/5C Crl.OP(MD)No.4519 of 2016 11.04.2016 https://hcservices.ecourts.gov.in/hcservices/