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Madras High CourtCRL OP(MD)/8629/2016disposed of

Julian Sam Nayagam v. The Superintendent Of Police

2016-06-13Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.8629 of 2016 Julian Sam Nayagam .. Petitioner Vs.

1.The Superintendent of Police, Tuoothukudi District.

2.The Inspector of Police, Nazareth Police Station, Thoothukudi District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent to register a case on the complaint of the petitioner dated 13.05.2016. For Petitioner : Mr.S.Packiaraj For respondents : Mr.A.P.Balasubramani, Government Advocate (Criminal side) For intervener : Mr.C.Padmaraj

ORDER

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 13.05.2016.

2.Heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) appearing for the respondents and the learned counsel for the intervener / 3rd proposed accused. 3.The sum and substance of the complaint of the petitioner is that due to civil dispute, the proposed accused damaged the properties belonging to the petitioner and harassed, threatened and teased the petitioner's daughter and also attempted to steal the car of the petitioner. As there was no case registered on the said complaint, the petitioner has come up with this petition. https://hcservices.ecourts.gov.in/hcservices/

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 by providing sufficient opportunity to the parties 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(Writs) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tuoothukudi District.

2.The Inspector of Police, Nazareth Police Station, Thoothukudi District.

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

+1cc to Mr.T.A.Ebenezer, Advocate SR.No.30029/16 +1cc to Mr.C.Padmaraj, Advocate SR.No.30194/16 sm:SKS-RR:28.6.2016:2P/6C Crl.O.P(MD)No.8629 of 2016 13.06.2016 https://hcservices.ecourts.gov.in/hcservices/