Madras High CourtCRL OP(MD)/7251/2016closed

S.Kumar v. The Superintendent Of Police

2016-06-02Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.7251 of 2016 S.Kumar .. Petitioner Vs.

1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police (Crime), Oomachikulam Police Station, Madurai District, Madurai.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent herein to register the complaint given by the petitioner dated 27.03.2016 and take necessary action within a stipulated time.

For Petitioner : Mr.J.Lawrance For respondents : Mr.A.P.Balasubramani, Government Advocate (Crl. side)

ORDER

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 27.03.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The sum and substance of the complaint of the petitioner is that due to civil dispute, the proposed accused trespassed into his land, attacked him with deadly weapons and gave life threat to the petitioner. As there was no case registered in respect of the said complaint, the petitioner has come up with this petition. https://hcservices.ecourts.gov.in/hcservices/ 4.According to the learned Government Advocate (Crl. Side), petition enquiry is pending before the second respondent.

5.In view of the above submission, 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. During the course of enquiry, if any cognizable offence is made out, the second 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. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police (Crime), Oomachikulam Police Station, Madurai District, Madurai. 3.The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Gcg JM/KBM/SAR-III/15.06.2016/2P-4C Crl.O.P(MD)No.7251 of 2016 02.06.2016 https://hcservices.ecourts.gov.in/hcservices/