Francis Arockia Marian v. The Director General Ofpolice

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2018

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.10503 of 2018 Francis Arockia Marian ... Petitioner -Vs1. The Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai-600 004.

2. The District Collector, Tuticorin District,

3. The Superintendent of Police, Tuticorin District, Tuticorin.

4. The Inspector of Police, District Crime Branch, O/o the Superintendent of Police,

5. The Inspector of Police, Pudukkottai, Tuticorin District.

... Respondents (5th respondent is suo motu impleaded by this Court vide Court order dated 28.06.2018) Prayer: Criminal Original petition - filed under Section 482 of Code of Criminal Procedure, to direct the first respondent to give suitable direction to the third and fourth respondents to register a case based on the complaint given by the petitioner to the respondents dated 02.06.2018.

For Petitioner : Mr.Ananth C.Rajesh For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor.

For Intervener : Mr.K.Muraleedharan

O R D E R

This Criminal Original petition has been filed to direct the first respondent to give suitable direction to the third and fourth respondents to register a case based on the complaint given by the petitioner to the respondents dated 02.06.2018. 2.The learned Additional Public Prosecutor appearing for the respondent would submit that the enquiry on the complaint of the petitioner is pending with the Inspector of Police, Pudukkottai, Tuticorin District, but in this petition it has been wrongly mentioned as The Inspector of Police, District Crime Branch, 3.In view of the above submission, the Inspector of Police, Pudukkottai, Tuticorin District is suo motu impleaded as fifth respondent in this petition.

4.The learned Additional Public Prosecutor appearing for the respondents would further submit that the enquiry is pending for the appearance of the parties concerned and if the parties cooperate for the enquiry, the same shall be concluded within a time fixed by this Court.

5.The learned counsel for the petitioner, on instructions, would submit that the petitioner will appear for enquiry before the fifth respondent police.

6.In view of the above submission, this Court directs the respondent police to serve summons to the petitioner to appear for enquiry within a period of three weeks from the date of receipt of a copy of this order. The petitioner is also directed to appear for enquiry and place all the materials before the respondent police, thereafter, the respondent police shall enquire the same and if the enquiry reveals any cognizable offence is made out, the respondent police shall register a case and proceed further in accordance with law.

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

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar (CS-III)

To

1. The Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai-600 004.

2. The District Collector, Tuticorin District,

3. The Superintendent of Police, Tuticorin District, Tuticorin.

4. The Inspector of Police, District Crime Branch, O/o the Superintendent of Police,

5. The Inspector of Police, Pudukkottai, Tuticorin District.

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

+ 1 CC TO Mr.K.MURALEEDHARAN, ADVOCATE IN SR No. 70684 + 1 CC TO Mr.ANANTH C.RAJESH, ADVOCATE IN SR No. 11772 TA TE/RP/SAR-3 : 26/07/2018 : 3P/9C Crl.O.P.(MD) No.10503 of 2018 28.06.2018