Madras High CourtCRL OP(MD)/11477/2018dismissed

J.Aasirvatham v. The Superintendent Of Police

2018-07-10Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.11477 of 2018 J.Aasirvatham ... Petitioner Vs.

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

2.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code to issue a direction, directing the respondent No.2 to register a case on the basis of the petitioner's complaint dated 20.06.2018 for offence under Section 317 and 323 of IPC and Section 75, 82 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3(1)(r)(s) of Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 within the time frame fixed by this Court.

For Petitioner : Mr.J.Pinaygash For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, seeking for a direction, directing the respondent No.2 to register a case on the basis of the petitioner's complaint dated 20.06.2018 for offence under Section 317 and 323 of IPC and Section 75, 82 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3(1) (r)(s) of Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 within the time frame fixed by this Court.

2.According to the learned counsel for the petitioner, the petitioner has made a complaint before the second respondent on 20.06.2018 and no action has been taken on the complaint. Hence, the petitioner has filed this Criminal Original Petition. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Additional Public Prosecutor appearing for the respondents submitted that an enquiry was conducted on the

petitioner's complaint and the same was closed as false.

4. The learned counsel for the petitioner disputed the said report and seeks liberty to approach before the Judicial Magistrate Court to proceed in accordance with the provisions of law. 5.In the light of the above submissions, this Criminal Original Petition is dismissed with a liberty to the petitioner to seek his remedy before the appropriate forum.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, O/o.Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

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

+1CC to Mr.I.Pinaygash Advocate in SR.No.72022. PNN DS/PN/SAR-4 :24.07.2018: 2P/5C Crl.O.P.(MD) No.11477 of 2018 10.07.2018 https://hcservices.ecourts.gov.in/hcservices/