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Madras High CourtCRL OP/1073/2015disposed of

M.Abubucker Sidiq (54/15) v. The Commissioner Of Police

2015-02-13Honourable Mr Justice R.S.Ramanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2015

CORAM

The Hon'ble Mr. Justice R.S.Ramanathan Crl.O.P.No.1073 of 2015 Mr.M.Abubucker Sidiq

...Petitioner

vs.

1.The Commissioner of Police, EVK Sampath Road, Vepery, Chennai-600 107.

2.The Deputy Commissioner of Police, City Crime Branch, Chennai.

3.The Inspector of Police, City Crime Branch, Chennai.

...Respondents

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent No.2 to register a case on the petitioner complaint dated 13.12.2014 against the proposed persons namely Nallathambi, Murugan, Vijay, Dass @ Muthan and Manivasagam.

For Petitioner : Mr.S.M.A.Jinnah Mr.Shamugavelayudam, Public Prosecutor for For Respondents : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

This petition has been filed, seeking a direction to the respondent No.2 to register a case on the petitioner complaint dated 13.12.2014.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the respondents-Police.

3. Considering the allegations made in the complaint and in view of the dictum laid down by the Hon'ble Apex Court in re Lalita Kumari vs. Govt. of U.P. & others reported in [2013 (4) Crimes 243 (SC)] https://hcservices.ecourts.gov.in/hcservices/

which has to be followed in letter and spirit viz., that if a cognizable offence is made out, the respondent-Police is duty bound to register a case, this Criminal Original Petition is disposed of, by directing the second respondent to register the case on the basis of the petitioner's complaint dated 13.12.2014 and investigate the same in accordance with law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jvm To 1.The Commissioner of Police, EVK Sampath Road, Vepery, Chennai-600 107.

2.The Deputy Commissioner of Police, City Crime Branch, Chennai.

3.The Inspector of Police, City Crime Branch, Chennai.

4.The Public Prosecutor, High Court, Madras.

1 cc to Mr.S.M.A.Jinnah ,Advocate, SR.No.7987 1 cc The Public Prosecutor, High Court, Madras.8171 Crl.O.P.No.1073 of 2015 rj(co) pmk.5.3.2015 https://hcservices.ecourts.gov.in/hcservices/