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Madras High CourtCRL OP(MD)/5731/2016closed

Shanmugam v. The Superintendent Of Police

2016-04-20Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5731 of 2016 Shanmugam ... Petitioner Vs.

1.

The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.

The State Rep. by, The Inspector of Police, Alangulam Police Station, Alangulam, Tirunelveli District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register the complaint dated 15.02.2016 as a crime as against the said accused and there upon conduct investigation in accordance with law and file the final report before the court concerned within the time frame as specified by this Court.

For Petitioner : Mr.S.Palani Velayutham For Respondent : Ms.S.Prabha Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the 2nd respondent to register the case based on the complaint given by the petitioner herein dated 15.02.2016 and investigate the same and file a final report, in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. It is seen that this petitioner had given a complaint dated 21.03.2015 in respect of the same cause of action, for which, petition enquiry was conducted in and the same has been closed on 21.03.2015 and a copy of the closure report was served to the learned counsel for the petitioner across the Bar. Thereafter, the petitioner gave a fresh complaint for the same cause of action, on 15.02.2016. Hence, no positive direction can be issued to the respondent police to register F.I.R. on the petitioner's compliant, dated 15.02.2016.

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4. In view of the above, this petition is closed with liberty to the petitioner to workout his remedy, in the manner known to law.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.

The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.

The Inspector of Police, Alangulam Police Station, Alangulam, Tirunelveli District.

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

+1cc to M/s.S.Palanivelayutham, Advocate SR.No.22611 sm:AAL-MPA:02.5.2016:2P/5C CRL.OP(MD)No.5731 of 2016 https://hcservices.ecourts.gov.in/hcservices/