Madras High CourtCRL OP(MD)/13137/2018disposed of

T.A.Pandian, v. The Superintendent Of Police

2018-07-27Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.13137 of 2018 T.A.Pandian ... Petitioner -vs1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3. The Inspector of Police, Pappanadu Police Station, Thanjavur District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to take the complaint of the petitioner dated 06.04.2018 and register the FIR in accordance with law.

For Petitioner : Mr.Sathish Kumar for Mr.A.S.Vaigunth, For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor

ORDER

This petition has been filed praying to direct second respondent to take the complaint of the petitioner, dated 06.04.2018 and register the FIR in accordance with law. 2.The learned counsel for the petitioner has submitted that the petitioner has lodged a complaint before the second respondent on 06.05.2018, but sofar, no action has been taken and hence, the petitioner has filed the present Criminal Original Petition.

3. The learned Additional Public Prosecutor on instructions would submit that the petitioner's complaint, dated 06.04.2018 is pending and the petitioner has not co-operated for the enquiry. 4.The learned counsel appearing for the petitioner would submit that the petitioner will co-operate for enquiry. https://hcservices.ecourts.gov.in/hcservices/

5.The learned Additional Public Prosecutor further submitted that if the petitioner co-operates for enquiry, the respondent police shall give an opportunity to the petitioner and thereafter, the respondent shall complete the enquiry in accordance with law.

6.In the light of the above submission made by the learned Additional Public Prosecutor and also recording the undertaking given by the petitioner that the petitioner will co-operate for enquiry as and when required by the respondent police, the third respondent is directed to issue summons to the petitioner and proceed with the enquiry in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. If the enquiry reveals any cognizable offence, then the third respondent police is directed to register the case and if it is not so, the third respondent police shall drop further proceedings.

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

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3. The Inspector of Police, Pappanadu Police Station, Thanjavur District.

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

+1cc to Mr.A.S.Vaigunth, Advocate Sr.No.75640 AM VB/RP/SAR3/16.08.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/ CRL.O.P.(MD)No.13137 of 2018 27.07.2018