V.Sunder vs The Superintendent Of Police
2022 Latest Caselaw 9392 Mad

                                                                                Crl.O.P.No. 11988 of 2022


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 27.05.2022

                                                       CORAM:

                      THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                Crl.O.P.No. 11988 of 2022


                     V.Sunder,
                     S/o. Vijayan                                                ... Petitioner

                                                           Versus

                     1. The Superintendent of Police,
                        Puducherry.

                     2. The Station House Officer,
                        Othiyansalai Police Station,
                        Puducherry.                                              ... Respondents

                     PRAYER : Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to register the case based on the petitioner's
                     complaint dated 22.04.2022 and to investigate the matter in accordance
                     with law and to file a final report before the competent court of law.


                                      For Petitioner   :       Mr.M.Gnanasekar
                                      For Respondents :        Mr.A.Damodaran,
                                                               Addl. Public Prosecutor


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                   Crl.O.P.No. 11988 of 2022


                                                           ORDER

This Criminal Original Petition has been filed seeking a direction

directing the respondents to register a case and investigate the matter in

accordance with law on the petitioner's complaint dated 22.04.2022.

2. As per the judgment of Division Bench of this Court in the case

of G.Prabakaran Vs. Superintendent of Police, Thanjavur District

and others in Crl.O.P. (MD) No.13681, 13688 of 2017 etc., the

respondent police have to conduct preliminary enquiry and register a case

if the offence is made out and if the said exercise is not being carried out,

the petitioner shall follow the procedures as mandated by the Division

Bench from Clause 6 onwards i.e. to give a representation to the higher

officials and thereafter, to file a private complaint under Sec.156(3)

Cr.P.C.

3. With the above direction, this Criminal Original Petition is

disposed of.

27.05.2022 Index : Yes/No Internet : Yes/No rpp/sma

https://www.mhc.tn.gov.in/judis Crl.O.P.No. 11988 of 2022

To

1. The Superintendent of Police, Puducherry.

2. The Station House Officer, Othiyansalai Police Station, Puducherry.

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No. 11988 of 2022

D.BHARATHA CHAKRAVARTHY, J.

rpp/sma

CRL.O.P.No. 11988 of 2022

27.05.2022

https://www.mhc.tn.gov.in/judis