S.Manimaran, 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.11568 of 2015 S.Manimaran

...Petitioner

Vs.

1. State Rep. by The Deputy Commissioner of Police, Crime Branch, Vepery Police Station, Vepery, Chennai - 600 007.

2. The Inspector of Police, V-6 Police Station, Kolathoor Area, Kolathoor, Chennai - 600 099

...Respondents

Prayer:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the first respondent herein to file F.I.R. or take appropriate criminal action based on the petitioner's complaint dated 14.07.2014 against named person G.Anandan. For Petitioner :

Mr.K.Jayaraman 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 first respondent to register a case for alleged offences, based on the complaint dated 14.07.2014 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).

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/- Vacation Officer.

//True Copy// Sub Assistant Registrar pri To

1. The Deputy Commissioner of Police, Crime Branch, Vepery Police Station, Vepery, Chennai - 600 007.

2. The Inspector of Police, V-6 Police Station, Kolathoor Area, Kolathoor, Chennai - 600 099

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

Crl.O.P.No.11568 of 2015 VD (CO) PSI (11.05.2015)