Madras High CourtCRL OP(MD)/8688/2016disposed of

Rafee @ Jayasingh Moses 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.8688 of 2016 Rafee @ Jayasingh Moses .. Petitioner Vs.

1. The Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the first respondent to instruct the second respondent to register a case based on the petitioner's complaint dated 05.05.2016 and investigate the same and file a final report within a stipulated time.

For Petitioner : Mr.G.Radhakrishnan 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 05.05.2016.

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 in order to grab money from the petitioner, the first proposed accused, who is working in the Police Department, along with five other persons, has illegally took his vehicles from his house and lodged a false complaint. As there was no case registered on the said complaint, the petitioner has come up with this petition.

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4.The learned Government Advocate (Criminal Side) would submit that petition enquiry has been conducted and it has been closed as mistake of fact on 23.05.2016. He would further submit that a case has been registered against the petitioner herein under Section 379 IPC in Crime No.183 of 2016 and only in order to escape from the clutches of law, this false complaint has been lodged. 5.At this juncture, the learned counsel for the petitioner would submit that the closure report is not yet received by the petitioner.

6.In view of the above submission, the second respondent is directed to furnish a copy of the closure report to the counsel for the petitioner and on receipt of the same, it is open to the petitioner to work out his remedy in accordance with law. 7.This Criminal Original Petition is accordingly closed. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

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

+ 1 CC TO MR.G.RADHAKRISHNAN, ADVOCATE IN SR No.30401 GCG TE/PEK : 24/06/2016 : 2P/5C Crl.O.P(MD)No.8688 of 2016 13.06.2016 https://hcservices.ecourts.gov.in/hcservices/