K.Bose v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.7383 of 2016 K.Bose ... Petitioner -Vs1.The Superintendent of Police, Trichy District, Trichy.

2.State rep. by the Inspector of Police, Vallanadu Police Station, Trichy District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent police to register the case, based on the petitioner complaint dated 12.04.2016.

For Petitioner : Mr.P.Saravanakumar For Respondents: Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the 2nd respondent police to register the case, based on the petitioner complaint dated 12.04.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.

3. It is the case of the petitioner that due to the rash and negligent driving of the driver of the Transport Corporation/proposed accused, the petitioner got injured in an accident that had occurred on 19.03.2016. However, the respondent police, even after the complaint lodged by the petitioner in the hospital, has not registered any case. Hence, the petitioner is before this Court.

4. According to the learned Government Advocate (Crl. Side), https://hcservices.ecourts.gov.in/hcservices/ petition enquiry is pending before the 2nd respondent.

5. In view of the above submission, the 2nd 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 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. Consequently connected Miscellaneous Petition is closed. Sd/ Assistant Registrar(Cs-I) /True Copy/ Sub Assistant Registrar.

To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Vallanadu Police Station, Trichy District.

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

+1CC to M/S. P.Kalayarasi Bharathi, Advocate, SR.No. 27783 Crl.O.P.(MD).No.7383 of 2016 03.06.2016 RR AM/KBM/14.06.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/