Madras High CourtCRL OP/1078/2016disposed of

P.Ravi v. The Superintendent Of Police

2016-02-08Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.1078 of 2016 P.Ravi Power of Attorney Agent of Mr.B.Mahendar ... Petitioner Vs.

1.The Superintendent of Police Office of the Superintendent of Police Kancheepuram District.

2.The Inspector of Police Mahabalipuram Police Station Mahabalipuram, Kancheepuram District. ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent to register F.I.R. on the complaint of the petitioner dated 21.09.2015 and investigate the same in accordance with law.

For Petitioner : Mr.N.Muralikumaran for M/S.MCGAN Law Firm For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction to the 2nd respondent to register a case pertaining to the petitioner's complaint dated 21.09.2015.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the first respondent on 21.09.2015. But the respondents have not shown any interest to enquire the matter and register the case. Hence, the petitioner has come forward with this petition for the above stated relief.

3.At this juncture, the learned Additional Public Prosecutor would submit that the respondents are unable to https://hcservices.ecourts.gov.in/hcservices/

give the number assigned to the petitioner's complaint and also unable to disclose as to whether the complaint has been forwarded to the second respondent. However, a direction may be given to the petitioner to give a fresh complaint, to act in accordance with law.

4.Considering the rival submissions made on both sides, the petitioner is directed to give a fresh complaint before the second respondent. On receipt of the same, the second respondent is directed to conduct enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC) and register a case, if any cognizable offence is made out.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kj To 1.The Superintendent of Police Office of the Superintendent of Police Kancheepuram District.

2.The Inspector of Police Mahabalipuram Police Station Mahabalipuram, Kancheepuram District.

3.The Public Prosecutor High Court, Chennai.

+1cc to M/S.MCGAN Law Firm, Advocate, S.R.No.8271 Crl.O.P.No.1078 of 2016 RV(CO) CA(18/02/2016) https://hcservices.ecourts.gov.in/hcservices/