Petitioner sought direction to register a case under Section 482 Cr.P.C. Court directed police to expedite enquiry within two weeks and furnish closure report if warranted, citing Lalitha Kumari SC.
Second respondent directed to expedite enquiry within two weeks and furnish closure report if no offence is made out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.08.2016
CORAM:
THE HONOURABLE DR. JUSTICE S.VIMALA
Crl.O.P.(MD).No.14740 of 2016
S.Muthu
.. Petitioner
Vs.
State through
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 2nd respondent Police to register the case on the petitioner's complaint dated 03.08.2016 in accordance with law.
For Petitioner : Mr.M.Subash Babu For respondents : Mr.K.V.Rajarajan, Government Advocate (Criminal side)
ORDER
It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 03.08.2016 .
2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.
3.According to the learned Government Advocate (Crl. Side), petition enquiry is pending before the second respondent.
4.Nothing has been indicated to show that the complaint requires immediate registration of the case.
5.In view of the above, the second respondent is directed to expedite the enquiry and complete the same within a period of two https://hcservices.ecourts.gov.in/hcservices/ weeks from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the
2
second 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 his remedy in the manner known to law.
6.With the above direction, this Criminal Original Petition is disposed of.
Sd/-
Assistant Registrar (T&P)
/True Copy/
Sub Assistant Registrar
To
Crl.O.P(MD)No.14740 of 2016 16.08.2016
2 issues framed by the court
Whether the second respondent police is directed to expedite the enquiry into the petitioner's complaint.
Whether the petitioner is entitled to receive a closure report if no offence is made out.
Colour shows how this judgement treated each authority
Lalitha Kumari vs. Govt. of U.PReferred¶22
_Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC)_.
1 provisions across 1 enactments
S.Muthu
State
Dr. Justice S.Vimala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
