V.Sekar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2015

CORAM

THE HON'BLE MRS.JUSTICE S.VIMALA Crl.O.P.No.11543 of 2015 V.Sekar ... Petitioner Vs.

1.The Deputy Commissioner of Police, T.Nagar Range T.Nagar, Chennai.

2.The Assistant Commissioner of Police Valasaravakkam Range Valasaravakkam Police Station, Valasaravakkam Chennai 3.The Inspector of Police, Valasaravakkam Chennai.

... Respondents Prayer:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents to register a case on the basis of the complaint dated 20.04.2015 by the petitioner, register a case, investigate and file a final report under Section 173 Cr.P.C.

For Petitioner : Mr.Ramesh Kumar Chopra 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 20.04.2015 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.

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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 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 third 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 and 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/- Vacation Officer, //True Copy// Sub Assistant Registrar pri To 1.The Deputy Commissioner of Police, T.Nagar Range T.Nagar Chennai.

2.The Assistant Commissioner of Police Valasaravakkam Range Valasaravakkam Police Station, Valasaravakkam Chennai 3.The Inspector of Police, Valasaravakkam Chennai.

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

Crl.O.P.No.11543 of 2015 JSV(CO) EU 11.05.15 https://hcservices.ecourts.gov.in/hcservices/