R.Pavithra v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.1116 of 2022 R.Pavithra ... Petitioner

Versus

1.The Commissioner of Police, The Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The State represented by The Inspector of Police, AWPS Police Station, Ambattur, Chennai.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent police to register the FIR on the basis of the petitioner's complaint dated 16.08.2021 on the file of the first respondent. For Petitioner :

Mr.P.Thiyagaraj For Respondents:

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the second respondent police to register the FIR on the basis of the petitioner's complaint dated 16.08.2021 on the file of the first respondent.

2.The grievance of the petitioner is that the petitioner had lodged a complaint on 16.08.2021, to the Commissioner of Police, Chennai i.e. the first respondent, thereafter no action has been taken. Hence she filed this present petition.

3.The learned Additional Public Prosecutor submits that earlier the petitioner had lodged a complaint before the second respondent, for which C.S.R.No.254 of 2021 assigned. The complaint was enquired and closed on 27.07.2021. For the similar fact, the petitioner had lodged a complaint to the Commissioner of Police i.e. the first respondent, which was forwarded to the second respondent in C.No.1137 of 2021. To verify the veracity of the complaint, the petitioner has to appear before the respondent police along with the copy of the complaint and thereafter on enquiry the respondent police would take appropriate action.

4.The learned counsel appearing for the petitioner at this juncture submits that on 13.12.2021, the petitioner had appeared before the respondent police for enquiry, at that time, the second respondent police forced the petitioner to change the complaint, which was not agreeable to the petitioner. 5.The learned Additional Public Prosecutor submits that there was no such pressure was given to the petitioner to change the complaint.

6.The learned counsel appearing for the petitioner on instruction submits that the petitioner shall appear before the respondent police on 07.02.2022.

7.In view of the same, the petitioner is directed to appear before the second respondent police along with the copy of the complaint given to the Commissioner of Police and necessary documents in support of her contention. Thereafter the respondent police is directed to take appropriate action in the manner known to law.

8.With the above directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar ah To 1.The Commissioner of Police, The Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The State represented by The Inspector of Police, AWPS Police Station, Ambattur, Chennai.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.1116 of 2022 PCH(CO) GMY(10/02/2022)