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Madras High CourtCRL OP/4334/2015disposed of

Bindal Transolutions Pvt. Ltd. v. The State, Rep. By

2015-03-112 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2015

CORAM

The Hon'ble Mr. Justice R.S.Ramanathan Crl.O.P.No.4334 of 2015 Bindal Transolutions Private Limited Rep by its Branch Manager, Mr.T.V.Shanmugasundaram, Having office at No.2/17, First Street, Subbrayan Nagar, Kodambakkam, Chennai-600 024.

...Petitioner

vs.

The State Represented by the Inspector of Police (Crime) Red Hills Police Station, Chennai-600 052.

...Respondent

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent, Inspector of Police (Crime), Red Hills Police Station, Chennai-600 052, to register a First Information Report under Sections 378 and 379 of the Indian Penal Code on the complaint petition No.130 of 2015 dated 07.02.2015, investigate into the offences and file a final report. For Petitioner : Mr.S.Sivaraman For Respondent : Mr.M.Maharaja Additional Public Prosecutor.

O R D E R

This petition has been filed, seeking a direction to the respondent to register a First Information Report under Sections 378 and 379 of the Indian Penal Code on the complaint petition No.130 of 2015 dated 07.02.2015, investigate into the offences and file a final report.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the respondent-Police. https://hcservices.ecourts.gov.in/hcservices/

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)] 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 respondent to register the case on the basis of the petitioner's complaint dated 07.02.2015 and investigate the same in accordance with law.

Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.

jvm To 1.The Inspector of Police (Crime) Red Hills Police Station, Chennai-600 052.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sivaraman,Advocate SR.No.13745 Crl.O.P.No.4334 of 2015 br[co] gp/24.3.

https://hcservices.ecourts.gov.in/hcservices/