Madras High CourtCRL OP(MD)/7309/2016disposed of

S.John David v. The Superintendent Of Police

2016-06-09Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD)No.7309 of 2016 S.John David .. Petitioner Vs.

State through 1.The Superintendent of Police, O/o.Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 2nd Respondent to register a case on the complaint of the petitioner dated 17.04.2016 consequently directing the respondent to investigate to file a final report within a stipulated time as fixed by this Court. For Petitioner : Mr.B.Char Murugan For Respondents : Mr.A.P.Balasubramani, Government Advocate (Criminal 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 17.04.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 3.The sum and substance of the complaint of the petitioner is that the proposed accused deceived the petitioner

without completing the registration of a new two wheeler, which was purchased in an exchange offer. As there was no case registered by the second respondent, the petitioner has come up with this petition.

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, O/o.Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +One cc to Mr.B.Char Murugan, Advocate, SR.No.29833 mj RL/5C/2P/DB/16/6/2016 Crl.O.P(MD)No.7309 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 09.06.2016