Madras High CourtCRL OP(MD)/6725/2016disposed of

A. Mohamed Musthafa v. The Superintendent Of Police

2016-04-25Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.6725 of 2016 A.Mohamed Musthafa ... Petitioner vs.

1.The Superintendent of Police District Police Office TVS Tollgate, Trichy-20 Trichy District 2.The Sub-Inspector of Police Pulivalam Police Station Pulivalam, Trichy District ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the second respondent to register a case on the petitioner's complaint, dated 01.04.2016, enquire the same, file a final report before the court concerned.

For Petitioner : Mr.R.Sundar For Respondents :Mr.S.Prabha, G.A.(Crl.Side)

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking direction upon the second respondent to register a case, based on his complaint, dated 01.04.2016, enquire into the same and file a final report before the concerned Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents, who would submit that on the basis of the complaint sent by the petitioner, petition enquiry in C.S.R.No.55 of 2016 is pending.

3. It is seen that the complaint, dated 01.04.2016, has been sent by post and therefore the petitioner is directed to go in person and lodge a fresh complaint containing the same contents as found in the complaint, dated 01.04.2016, to the second respondent Police. On receipt of such complaint, 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 the fresh complaint. 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 https://hcservices.ecourts.gov.in/hcservices/

(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.

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

Sd/- Assistant Registrar(Record) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, District Police Office, TVS Tollgate, Trichy-20, Trichy District.

2.The Sub-Inspector of Police, Pulivalam Police Station, Pulivalam, Trichy District.

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

+1cc to M/s.R.Sundar, Advocate SR.No.23203 sm:NGM-SS:6.5.2016:2P/5C Crl.O.P.(MD) No.6725 of 2016 https://hcservices.ecourts.gov.in/hcservices/