N. Kannaiya v. The Deputy Inspector General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.7046 of 2016 N.Kannaiya ... Petitioner -vs1. The Deputy Inspector General of Police, Thanjavur.

2. The Superintendent of Police, Thanjavur.

3. The Inspector of Police, Peravurani Police Station, Peravurani.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd and 3rd respondents to register the complaint dated 06.12.2007 and lodge FIR against the accused mentioned in the complaint on the file of the Superintendent of Police, Thanjavur and direct the authorities to investigate in accordance with law.

For Petitioner : Mr.N.Kannaiya Party-in-Person For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

ORDER

This petition has been filed to direct the 2nd and 3rd respondents to register the complaint dated 06.12.2007 and lodge FIR against the accused mentioned in the complaint on the file of the Superintendent of Police, Thanjavur and direct the authorities to investigate in accordance with law.

2. Heard the petitioner/Party-in-Person 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 and the same will be completed within two weeks. https://hcservices.ecourts.gov.in/hcservices/

3. Though several facts have been narrated in his complaint dated 06.12.2007, the gist of it is that there is a threat to his life and the proposed accused, by name, Baskar in connivance with other accused is planning to do away with his life. It is alleged that he has preferred a complaint to the 2nd respondent as early as on 06.12.2007 and the same has been kept pending for long time without any action. Therefore, he has approached this Court seeking a direction to the respondents for registration of an FIR against the proposed accused persons.

4. In view of the submission made by the learned Government Advocate (Crl.Side) that petition enquiry is pending in this case and the same will be completed within two weeks, the respondents are directed to expedite the enquiry and complete the same within a period of two weeks from the date of receipt of a copy of this order. 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 (P&A) /True copy/ Sub Assistant Registrar To:

1. The Deputy Inspector General of Police, Thanjavur.

2. The Superintendent of Police, Thanjavur.

3. The Inspector of Police, Peravurani Police Station, Peravurani.

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

AR TE/SK-SKN/ : 24/06/2016 : 2P/5C Crl.O.P.(MD)No.7046 of 2016 13.06.2016 https://hcservices.ecourts.gov.in/hcservices/