A.Sundar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2015

CORAM

THE HON'BLE MRS.JUSTICE S.VIMALA Crl.O.P.No.11524 of 2015 A.Sundar ... Petitioner Vs.

1.The Commissioner of Police, Egmore, Chennai.

2.The Inspector of Police, Madippakkam Police Station (S7) Chennai - 600 117.

... Respondents Prayer:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st and 2nd respondent to file First Information Report U/s 154 of criminal procedure code based upon the complaint dated 02/05/13 and representation dated 28/03/15 and further to investigate the offences against the said person 1) D.Alagesan 2)D.jaganathan 3)A.Sumathi 4)Eshwara rao. For Petitioner: Mr.R.M.Thandayuthapani For Respondents: Mr.P.Govindarajan Additional Public Prosecutor

O R D E R

This petition has been filed under Section 482 Cr.P.C., for a direction to the respondents to register a case for alleged offences, based on the complaint dated 02.05.2013 of the petitioner and to investigate the case.

2.The learned counsel appearing for the petitioner would submit that pursuant to the complaint, neither any case has been registered nor an investigation has been conducted. Hence, the petitioner has preferred the present petition, seeking a direction to register the case.

3.The learned Additional Public Prosecutor would submit that inquiry is conducted to ascertain, as to whether cognizable offence is disclosed or not, and if disclosed the respondent police will register the case following the decision of the Hon'ble Apex Court https://hcservices.ecourts.gov.in/hcservices/

reported in 2013 (4) Crimes 243 (SC) (Lalitha Kumari Vs. Govt. of U.P. & others).

4.In the light of the above submission made by the learned Additional Public Prosecutor, it is hereby directed that if the inquiry discloses commission of any cognizable offence, the second respondent police shall follow the dictum laid down by the Hon'ble Apex Court in Lalitha Kumari Vs. Govt. of U.P. & others reported in 2013 (4) Crimes 243 (SC) and register a case on the complaint of the petitioner, investigate thereupon and complete the investigation, as expeditiously as possible, in accordance with law. 5.The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To 1.The Commissioner of Police, Egmore, Chennai.

2.The Inspector of Police, Madippakkam Police Station (S7) Chennai - 600 117.

3.The Public Prosecutor, High Court, Madras - 600 104.

Crl.O.P.No.11524 of 2015 RJ(CO) Eu 11.05.15 https://hcservices.ecourts.gov.in/hcservices/