Madras High CourtCRL OP(MD)/9303/2016disposed of

Ganesan v. The Deputy Commissioner Of

2016-06-17Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9303 of 2016 Ganesan ... Petitioner -Vs1. The Deputy Commissioner of Police, Madurai City.

2. The Inspector of Police, Avaniyapuram Police Station, Madurai.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent to register the complaint dated 06.06.2016 preferred by the petitioner for the offences punishable under sections 147, 148, 294 (b) & 506 (ii) of IPC and to take action against the accused in accordance with law. For Petitioner : Mr.R.Gandhi For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.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 06.06.2016.

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 threatened the petitioner with dire consequences to vacate his house and hand over the same in their favour. A civil Suit is also pending between the petitioner and proposed accused. As there was no case registered, 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.

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 (Records) /True copy/ Sub Assistant Registrar To

1. The Deputy Commissioner of Police, Madurai City.

2. The Inspector of Police, Avaniyapuram Police Station, Madurai.

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

+ 1 CC TO MR.R.GANDHI, ADVOCATE IN SR No. 31309 MJ TE/PEK/ : 27/06/2016 : 2P/5C Crl.O.P.(MD).No.9303 of 2016 17.06.2016 https://hcservices.ecourts.gov.in/hcservices/