1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.16874 of 2011 Muthaiah Velalar ... Petitioner Vs. State represented by 1. The Superintendent of Police, Pudukottai, Pudukottai District. 2. The Sub Inspector of Police, Karaiyur Police Station, Pudukkottai District. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the second respondent to register a case on the basis of the petitioner's complaint dated 26.07.2009 and subsequently to direct the investigation may be carried out under the supervision of the first respondent and file a final report within stipulated time according to law. For Petitioner :: Mr.S.Muthal Raj For Respondents :: Mr.P.Kannithevan Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the second respondent to register a case on the basis of the petitioner's complaint dated 26.07.2009 and subsequently to direct that the investigation may be carried out under the supervision of the first respondent and file a final report within stipulated time according to law. 2. Heard Mr.S.Muthal Raj, learned Counsel appearing for the petitioner and Mr.P.Kannithevan, learned Government Advocate (Criminal side) appearing for the State. 3.The learned Counsel for the petitioner would submit in his argument that the complaint dated 26.07.2009 given by the petitioner to the second respondent was not registered. Therefore, the petitioner has filed a complaint before the learned District Munsif-cum-Judicial Magistrate, Thirumayam which was taken on file and the same was forwarded to the second respondent with a direction to investigate and file a report before the learned District Munsif-cum-Judicial Magistrate. Even thereafter, the second respondent has not registered the case and hence the petitioner has approached this Court. He would further submit that during the time of hearing, the Government Advocate has submitted before this Court that the second respondent had registered a case in Crime No.122 of 2010 based on the petitioner's complaint, but it is only https://hcservices.ecourts.gov.in/hcservices/ 2 relating to the subsequent occurrence and not to the petitioner's original complaint. Hence he has filed the present petition seeking the prayer as already stated above. 4.The learned Government Advocate (Crl.side) would submit that the petitioner is not cooperating with the Investigating Officer and hence, requested the Court to give a suitable direction. 5.Considering the submissions made by both sides, the second respondent is directed to register the complaint as per the direction of the learned District Munsif-cum-Judicial Magistrate, Thirumayam, under Section 156(3) of Cr.P.C. within a period of 15 days from the date of receipt of a copy of this order and to inform this Court. Further, the respondent police is directed to do the investigation and file a final report before the learned District Munsif-cum-Judicial Magistrate, Thirumayam, after the completion of investigation. 6.With the above said direction, this petition is ordered accordingly. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1. The District Munsif cum Judicial Magistrate, Thirumayam. 2. The Superintendent of Police, Pudukottai, Pudukottai District. 3. The Sub Inspector of Police, Karaiyur Police Station, Pudukkottai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc to Mr.Na.Palaniyandi, Advocate, SR No.45531 Crl.O.P.(MD)No.16874 of 2011 22.12.2011 gsr RJ/9.1.12 2p/6c https://hcservices.ecourts.gov.in/hcservices/