Madras High CourtCRL OP(MD)/9022/2016disposed of

M.Saravanan v. The Superintendent Of Police,

2017-01-04Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2017

CORAM:

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD)No.9022 of 2016 M.Saravanan : Petitioner Vs.

1.The Superintendent of Police, O/o.Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District. : Respondents Prayer: This petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent to instructs the 2nd Respondent to register a case on the basis of the petitioner's complaint, dated 27.01.2016.

For Petitioner : Mr.R.Ganeshprabhu For Respondents : Mr.A.P.Balasubramani Government Advocate (Criminal side)

O R D E R

This petition is filed to direct the 1st respondent to instruct the 2nd respondent to register a case on the basis of the petitioner's complaint, dated 27.01.2016.

2.The learned counsel appearing for the petitioner would submit that the petitioner has lodged a complaint before the 2nd respondent police, but the 2nd respondent police refused to register the case, even the offences made in the complaint are cognizable and that the petitioner sent the complaint on 27.01.2016 to the respondents by registered post with acknowledgement, but the respondent police threatened the petitioner to withdraw the complaint. Hence, the petitioner approached this court seeking for a direction to register a case based on his complaint. 3.Heard the learned Government Advocate (Criminal side) appearing for the State and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

4.In view of the above circumstances, this petition is disposed of directing the second respondent to expedite the enquiry and complete the same within a period of two weeks 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. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To, 1.The Superintendent of Police, O/o.Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

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

+1cc to M/S R. GANESH PRABHU,ADVOCATE, SR NO.532 MAS/SS2-KSM/19.01.2017:2P-5C Crl.O.P.(MD)No.9022 of 2016 4.01.2017 https://hcservices.ecourts.gov.in/hcservices/