Madras High CourtCRL OP(MD)/10774/2021disposed of

Muthulakshmi v. The Superintendent Of Police

2021-12-03Honourable Mr Justice G.R.Swaminathan2 pages

CRL.OP(MD)Nos.10774 and 19107 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)Nos.10774 and 19107 of 2021 Muthulakshmi ... Petitioner in both Crl.O.Ps Vs.

1.The Superintendant of Police, Office of the Superintendant of Police, Pudukottai District.

2.The Inspector of Police, Panaiyapatti Police Station, Ponnamaravathi Road, Pooncholai Nager, Pudukottai District.

... Respondents in both Crl.O.Ps Common Prayer: These Criminal Original Petitions are filed under Section 482 of Cr.P.C., to direct the respondent No.1 to withdraw the petitioner's complaints dated 14.07.2021 and 09.09.2021 respectively, pending before the respondent No.2 and entrust the same to any other officer not below the rank of Deputy Superintendant of Police for investigation of the case based on the representation dated 23.07.2021 and 22.09.2021 respectively by this Court.

(In both Crl.O.Ps) For Petitioner : Mr.V.Selvakumar For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

C O M M O N O R D E R This criminal original petition has been filed for withdrawing the the petitioner's complaint presently pending before the second respondent and for entrusting the same to some other agency or officer for investigation.

2.It is not in dispute that as on date, no FIR has been registered based on the petitioner's complaint. Therefore, this criminal original petition is not maintainable. Be that as it may, the second respondent cannot keep the petitioner's complaint indefinitely pending. The second respondent is directed to conclude the enquiry on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. The second respondent shall also notify the petitioner about the outcome of the enquiry. Based on the same, it is open to the petitioner to recourse to appropriate legal remedies.

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CRL.OP(MD)Nos.10774 and 19107 of 2021 3.With this direction, these criminal original petitions are disposed of.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Superintendant of Police, Office of the Superintendant of Police, Pudukottai District.

2.The Inspector of Police, Panaiyapatti Police Station, Ponnamaravathi Road, Pooncholai Nager, Pudukottai District.

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

Crl.O.P(MD)Nos.10774 and 19107 of 2021 03.12.2021 NSN(CO) GC(17.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2