M. Muthukandan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.8420 of 2016 M.Muthukandan .. Petitioner Vs.

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

2.The Inspector of Police Rajapalayam North Police Station, Virudhunagar.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent to register the FIR on the basis of the petitioner's complaint dated 14.01.2016. For Petitioner : Mr.M.Chokkusamy Balasubramani 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 14.01.2016.

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 the proposed accused did not pay a sum of Rs.1,93.565/- as per the agreement, for which a complaint was lodged by the petitioner on 08.01.2016. After lodging of the complaint, on 14.01.2016 the proposed accused, along with his friend, who is stated to be working in Vigilance Department, came to his house and abused him in filthy language and also threatened him with dire consequences. As no case was registered on the said complaint, 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. https://hcservices.ecourts.gov.in/hcservices/

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 (AS) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police Rajapalayam North Police Station, Virudhunagar.

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

JA-DB/SAR.I/21.6.2016/2P-4C Crl.O.P(MD)No.8420 of 2016 09.06.2016 https://hcservices.ecourts.gov.in/hcservices/