Madras High CourtCRL OP(MD)/7453/2016closed

P.Prakash v. The Superintendent Of Police

2016-06-03Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.7453 of 2016 P.Prakash ... Petitioner -Vs1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District 3.The Inspector of Police, South Police Station, Karaikudi, Sivagangai District ... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 3rd respondent to register a case based on the complaint given by the petitioner on 06.03.2016 and to conduct fair and impartial investigation in accordance with law within a period stipulated by this Court.

For Petitioner : M/s.R.Babu Jaganath For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the 3rd respondent to register a case based on the complaint given by the petitioner on 06.03.2016 and to conduct fair and impartial investigation in accordance with law.

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 preferred by the petitioner is that the accused persons had taken away the vehicle bearing registration No.TN 60 V9615 in a high handed manner, without any valid reason. Therefore, a complaint has been given. Since there is no action on the side of the respondents, the present petition has been filed.

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4. According to the learned Government Advocate (Crl. Side), petition enquiry is stated to be pending before the 3rd respondent.

5. In view of the above submission, the 3rd 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.

Sd/ Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District 3.The Inspector of Police, South Police Station, Karaikudi, Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

SDR/SKS-RR/SAR III/14.06.2016/2P/5C Crl.O.P.(MD).No.7453 of 2016 03.06.2016 https://hcservices.ecourts.gov.in/hcservices/