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2016 Supreme(Mad) 1250
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.N. PRAKASH, J.
A. Mohamed Saleem – Petitioner
Vs.
The District Superintendent of Police, District Thanjavur – Respondent
Crl. O.P. (MD) No. 3789 of 2016
Decided On : 15-03-2016
For the Petitioner: Mr. L. Prabhu.
For the Respondent:Mrs. S. Prabha Govt. Advocate (Crl.Side).
The court directed the respondents to expedite the enquiry and complete it within a month. If any cognizable offence is found, the police should 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). If the complaint is closed, a copy of the closure report should be furnished to the petitioner within a week of such closure.
Headnote:
FIR Registration - Criminal Procedure - The court directed the respondents to expedite the enquiry and complete it within a month. If any cognizable offence is found, the police should 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). If the complaint is closed, the petitioner should be furnished with a closure report.
Fact of the Case:
The petitioner filed a petition to direct the respondents to register an FIR against the proposed accused persons based on the complaint dated 06.02.2016 and proceed in accordance with the law.
Finding of the Court:
The court directed the 2nd respondent to expedite the enquiry and complete it within a month. If any cognizable offence is found, the police should 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). If the complaint is closed, a copy of the closure report should be furnished to the petitioner within a week of such closure.
Issues: Petition for directing the respondents to register an FIR and proceed in accordance with the law.
Ratio Decidendi: The court directed the respondents to expedite the enquiry and complete it within a month. If any cognizable offence is found, the police should 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). If the complaint is closed, a copy of the closure report should be furnished to the petitioner within a week of such closure.
Final Decision: The Criminal Original Petition is disposed of with the above direction.
1. This petition has been filed to direct the respondents to register an FIR against the proposed accused persons based on the complaint dated 06.02.2016 given by the petitioner and proceed in accordance with law.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that on the basis of the complaint given by the petitioner, petition enquiry is pending in CSR No.4 of 2016.
3. In view of the above submission, the 2nd respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the 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.
With the above direction, this Criminal Original Petition is disposed of.
