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Madras High CourtCRL OP/10668/2015closed

P.Balasubramaniam v. The Commissioner Of Police

2015-04-28Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.10668 of 2015 P.Balasubramaniam

...Petitioner

Vs 1.The State of Tamil Nadu, Rep. By the Commissioner of Police, Salem City, Salem District.

2.The Inspector of Police, Land Grabbing Cell, Salem.

...Respondents

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to register a case on the complaint of the petitioner dated 11.02.2015 and investigate the same in accordance with law. For Petitioner :

Mr.C.K.M.Appaji For Respondents :

Mr.C.Emalias, Additional Public Prosecutor

ORDER

Seeking a direction to the second respondent to register a case on the complaint of the petitioner dated 11.02.2015 and investigate the same in accordance with law, the petitioner has come up with this petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.It appears that earlier, a complaint was lodged by the petitioner herein and during enquiry, the opposite party agreed to cancel the document. Based on the undertaking given by the opposite party, the earlier complaint was withdrawn by the petitioner. Now, it is alleged by the petitioner in the present complaint that the opposite party has gone back upon his words.

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4.The learned Additional Public Prosecutor appearing for the respondents would submit that the present complaint of the petitioner dated 11.02.2015 is not available with the second respondent police.

5.Under such circumstances, this Criminal Original Petition is closed with liberty to the petitioner to give fresh complaint to the second respondent in person and on such presentation, the second respondent is directed to conduct enquiry and proceed further as per the law laid down by the Honourable Apex Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)].

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar jbm To 1.The Commissioner of Police, Salem City, Salem District.

2.The Inspector of Police, Land Grabbing Cell, Salem.

3.The Public Prosecutor, High Court, Madras.

1 CC to Mr.C.K.M.Appaji, Advocate SR.No. 24391 Crl.OP No.10668 of 2015 MP (CO) PSI (22.05.2015) https://hcservices.ecourts.gov.in/hcservices/