The Madurai Bench directed the second respondent police officer to inquire into a pending complaint. If a cognizable offence is made out during the enquiry, the police are directed to proceed under law by registering a case.
Directed the second respondent to enquire the matter and proceed to register a case if a cognizable offence is made out.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.04.2018
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
Crl.O.P.(MD) No.5304 of 2018
M.Santhanam ... Petitioner
-Vs-
1.The Superintendent of Police, Madurai District.
2.The Inspector of Police, District Crime Branch, Madurai. ... Respondents
Prayer: Criminal Original petition - filed under Section 482 of Code of Criminal Procedure, to direct the respondent to register a case on the basis of the complaint dated 08.03.2018 within a stipulated time period in accordance with law.
For Petitioner : Mr.R.Shenbagaraj For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the respondent to register a case on the basis of the complaint dated 08.03.2018 within a stipulated time period in accordance with law.
3.According to the petitioner, the petitioner has lodged a complaint on 08.03.2018. Since no action has been taken by the respondent police, the present Criminal Original Petition is filed before this Court.
4.By considering the nature of the complaint and the same is pending with the second respondent for a long period, the second respondent is directed to enquire the matter. If the enquiry https://hcservices.ecourts.gov.in/hcservices/ reveals any cognizable offence is made out, then the second respondent police is directed to proceed in accordance with law.
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5.With the above direction, this Criminal Original Petition is disposed of.
Sd/Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar
To
1.The Superintendent of Police, Madurai District.
2.The Inspector of Police, District Crime Branch, Madurai.
+1cc to M/S.R.Shenbagaraj, Advocate SR.No. 60574
Order made in Crl.O.P.(MD) No.5304 of 2018 Dated: 09.04.2018
ta
JM/SV MMS/SAR 1/27.04.2018/2P/4C
2 issues framed by the court
Whether the respondent police must register a case on the basis of a pending complaint.
Whether an investigation or enquiry should be initiated into the disclosed facts.
1 provisions across 1 enactments
M.Santhanam
Superintendent of Police, Madurai District
Inspector of Police, District Crime Branch, Madurai
D.Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
