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2018 Supreme(Mad) 1869

M.M.SUNDRESH, N.SATHISH KUMAR
G. Prabakaran – Appellant
Versus
Superintendent of Police, Thanjavur – Respondent


Advocates Appeared:
For the Petitioners:M. Ajmalkhan, Senior Counsel, N. Ananthapadmanaban, P. Ganapathi Subramanian, Abudu Kumar Rajarathinam, K.P.S. Palanivel Rajan, M. Karunanthi, S. Palanivelayutham, A.K. Manickam, T. Senthilkumar, N. Vijayarajan, C.M. Arumugam, R. Pandi Maharaja, S. Titus, Advocates, R. Alagumani and respective learned Counsel.
For the Respondents: K.K. Ramakrishnan, Additional Public Prosecutor.

JUDGMENT / ORDER :

M.M. Sundresh, J.

1. On finding two contradictory views of two learned Judges, qua a petition filed seeking a direction to the police to register a cognizable offence, the following reference has been made:

"These Criminal original Petitions have been filed to direct the police to register the complaint of the petitioners lodged before the police.

2. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the respondent.

3. A learned single Judge of this Court in Sugeshan Transport Private Limited Vs. Assistant Commissioner of Police, Chennai and another, reported in 2016 (2) LW Criminal 499, has held that such a petition is not maintainable. However this view has not been accepted by another learned single Judge of this Court, in K. Ragupathy Vs. Commissioner of Police, Chennai and another, reported in 2017 (3) MLJ Crl 309.

4. As on date, two contradictory views have been expressed by two learned single judges on this issue. It is therefore important for this Court to settle the law on this issue, in order to remove the ambiguity that prevails as on date.

5. A petition to direct the police to register the complaint is being filed on a reg














































































































































































































































































































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