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2014 DIGILAW 3871 (MAD)

Kalimuthu v. Superintendent of Police

2014-10-16

N.KIRUBAKARAN

body2014
Judgment : 1. This petition is filed seeking a direction to the 2nd respondent to register a case on the complaint given by the petitioner dated 09.07.2014. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the State and perused the materials available on records. 3. The learned Government Advocate submitted that petition enquiry is pending. 4. As per the judgment of the Hon'ble Supreme Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)], the respondent concerned may conduct a preliminary enquiry which shall not extend beyond a period of seven days from the date of receipt of a copy of this order. In conducting the preliminary enquiry, they shall put the concerned parties upon notice and follow the dictum laid down in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. At the end thereof, if any cognizable offence is made out, they shall duly register a case. In the event of effecting closure of the case upon conducting a petition enquiry, a copy of the closure report shall be forwarded to the complainants. 5. This Criminal Original Petition is disposed of with the above direction.