Madras High CourtCRL OP(MD)/9322/2016disposed of

Kuttiyammal v. The Superintendent Of Police

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.9322 of 2016 Kuttiyammal ... Petitioner -Vs1.The Superintendent of Police, Tuticorin District 2.The Inspector of Police, Ettaiyapuram Police Station, Tuticorin District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent police to register a case on the complaint dated 21.03.2016 given by the petitioner against the accused mentioned in the complaint.

For Petitioner : Mr.A.K.Manickam For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the second respondent to register a case on the basis of the petitioner's complaint dated 21.03.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.

3. The case of the petitioner is that the proposed accused grazed their goats in the petitioner's agricultural land and thereby destroyed the crops. When the same was questioned by her, the accused persons have attacked the petitioner with hands and sticks. Therefore, a complaint has been preferred. Since, no action has been taken on the said complaint, the petitioner is before this Court.

4. According to the learned Government Advocate (Crl. Side), petition enquiry is stated to be pending before the 2nd respondent.

5. In view of the above submission, the 2nd 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 https://hcservices.ecourts.gov.in/hcservices/

made out, the 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 her remedy in the manner known to law.

With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Tuticorin District 2.The Inspector of Police, Ettaiyapuram Police Station, Tuticorin District.

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

+1cc to M/s.A.K.MANICKAM, ADVOCATE SR.NO.31651 RR JA-ARK-PV/27.06.2016/2P: 5C Crl.O.P.(MD).No.9322 of 2016 17.06.2016 https://hcservices.ecourts.gov.in/hcservices/