Madras High CourtCRL OP/11546/2015disposed of

Mr.M.Govindaraj v. The Inspector Of Police

2015-05-06Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2015

CORAM

THE HON'BLE MRS.JUSTICE S.VIMALA Crl.O.P.No.11546 of 2015 Mr.M.Govindaraj ... Petitioner Vs.

State Represented by The Inspector of Police, J2 Police Station, Kanathur, Chennai - 603 112.

... Respondent Prayer:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent police to investigate, register FIR on the petitioner's complaint dated 16.04.2015 and file a charge sheet against accused in appropriate forum. For Petitioner : Mr.P.Murali For Respondent : 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 respondent to register a case for alleged offences, based on the complaint dated 16.04.2015 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.

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).

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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 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 to 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 Inspector of Police, J2 Police Station, Kanathur, Chennai - 603 112.

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

Crl.O.P.No.11546 of 2015 TEJ(CO) EU 12.05.15 https://hcservices.ecourts.gov.in/hcservices/