Madras High CourtCRL OP(MD)/7660/2016disposed of

Sakthivel v. The Superintendent Of Police

2016-06-21Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.7660 of 2016 Sakthivel .. Petitioner Vs.

1.The Superintendent of Police, Thanjavur.

2.The Inspector of Police, Thanjavur South Police Station, Thanjavur.

3.The Special Sub-Inspector of Police, Thanjavur Town South Police Station, Thanjavur.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondents to register the complaint dated 26.03.2016 and lodge FIR against the accused mentioned in the complaint on the file of the Special Sub Inspector of Police, Town South, Thanjavur Police station and consequently direct change of investigating agency and investigate in accordance with law.

For Petitioner : Mrs.S.Srimathy For respondents : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the respondents to register a case based on the complaint of the petitioner dated 26.03.2016.

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.Though the learned Government Advocate (Crl. Side) would submit that petition enquiry has been conducted and closed, a perusal of the closure report produced by the second respondent shows that the the same is related to the complaint lodged by the petitioner dated 08.04.2016. So far as the complaint dated 26.03.2016 is concerned, the same is still pending. 4.In view of the above, 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.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/ Assistant Registrar ` /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thanjavur.

2.The Inspector of Police, Thanjavur South Police Station, Thanjavur.

3.The Special Sub-Inspector of Police, Thanjavur Town South Police Station, Thanjavur. 4.The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.S.M.S.Johnny Basha, Advocate in SR.No.32030 SDR/GSV-PM/12.07.2016/2P/6C Crl.O.P(MD)No.7660 of 2016 21.06.2016 https://hcservices.ecourts.gov.in/hcservices/