Disposed

K. Balraj v. the Commissioner of Police

Madras HC7 Apr 2014CRL OP(MD)/1376/2014

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court disposed of a Criminal Original Petition filed under Section 482 Cr.P.C. directing the police to conduct a preliminary enquiry within seven days, adhering to the Lalita Kumari precedent, before registering a case or closing the inquiry.

What did the court decide?

Directed the respondent police to conduct a preliminary enquiry within seven days and place parties on notice.

K. Balraj Vs the Commissioner of Police — Criminal Trial and Appeal | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2014 CORAM THE HONOURABLE MR. JUSTICE G.M.AKBAR ALI Crl.O.P(MD)No.1376 of 2014

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1.K.Balraj

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2.K.Kanagaraj 3.Mrs.K.Muniammal .. Petitioners

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Vs.

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1.State the Commissioner of Police, Trichirappalli.

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2.The Deputy Commissioner of Police, (Law and Order) Gandhimarket, Trichy. 3.The Inspector of Police, K.K.Nagar Police Station, Tirchy 620 021.

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4.M.Gunasekaran Inspector of Police, K.K.Nagar Police Station, Trichy 620 021.

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5.C.Thayalan S.I.of Police, K.K.Nagar Police Station, Trichy 620 021.

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6.S.Sathiyamoorthy 7.Mrs.S.Balamirtham 8.Mrs.S.Pushpam .. Respondents

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Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 1^st and 2^nd respondents immediately to take appropriate action against the petitioners latest complaint dated 03.02.2013 and to direct the 3^rd respondent immediately take the complaint on file and register a F.I.R. Against the 6^th , 7^th and 8^th respondents for their illegal, unlawful activities of the attempt to murder with deadly weapons like aruval, Kadaparai and investigate the matter properly.

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For Petitioners :Mr.R.Rajagopal For Respondents :Mr.A.P.Balasubramani https://hcservices.ecourts.gov.in/hcservices/ Government Advocate (Crl.side)

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ORDER

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The petition has been filed under Section 482 Cr.P.C, praying to direct the 1^st and 2^nd respondents immediately to take appropriate action against the petitioners latest complaint dated 03.02.2013 and to direct the 3^rd respondent immediately take the complaint on file and register a F.I.R. Against the 6^th , 7^th and 8^th respondents for their illegal, unlawful activities of the attempt to murder with deadly weapons like aruval, Kadaparai and investigate the matter properly.

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Heard learned counsel appearing on either side.

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3.The learned Government Advocate (crl.side) submitted that petition enquiry is pending.

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As per the judgment of the Hon'ble Supreme Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)] , the respondent police may conduct a preliminary enquiry which shall not extend beyond a period of seven days from the date of receipt of a copy of this order. In conducting the preliminary enquiry, they shall put the concerned parties upon notice. At the end thereof, if any cognizable offence is made out, they shall duly register a case. In the event of effecting closure of the case upon conducting a petition enquiry, a copy of the closure report shall be forwarded to the complainants.

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The Criminal Original Petition is disposed of with the above direction.

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Sd/-

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Assistant Registrar(W)

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/True Copy/

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Sub Assistant Registrar

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1.State the Commissioner of Police, Trichirappalli.

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2.The Deputy Commissioner of Police,

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(Law and Order) Gandhimarket, Trichy.

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3.The Inspector of Police,

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K.K.Nagar Police Station, Tirchy 620 021.

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4.M.Gunasekaran, Inspector of Police,

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K.K.Nagar Police Station, Trichy 620 021.

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5.C.Thayalan, S.I.of Police,

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K.K.Nagar Police Station, Trichy 620 021.

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6.The Additional Public Prosecutor,

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Madurai Bench of Madras High Court,Madurai.

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AA/07.05.2014/2p- 7c/

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https://hcservices.ecourts.gov.in/hcservices/

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Crl.O.P(MD)No.1376 of 2014 07.04.2014

K. Balraj v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

K. Balraj v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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