Madras High CourtCRL OP/11697/2015disposed of

N.Rajendran 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 HONOURABLE MRS. JUSTICE S.VIMALA CRL.O.P.No.11697 of 2015 N.Rajendran ... Petitioner vs.

The Inspector of Police, Edappadi Police Station, Edappadi Taluk, Salem District.

... Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent to register the case based on the complaint given by the petitioner dated 21.04.2015 which was received on 23.04.2015 by the respondent and to file final report, within the time stipulated. For Petitioner : Mr.S.Srinivasa Narayanan 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 21.04.2015 of the petitioner and to investigate the case. Pursuant to the complaint, neither has any case been registered nor an investigation conducted. Hence, the petitioner has preferred the present petition, seeking a direction to register the case.

2.This Court heard the learned Additional Public Prosecutor on the submissions made by the learned counsel for the petitioner.

3. If on the face of it, the complaint informs commission of cognizable offences, as has been repeatedly held and again reiterated in the decision of the Apex Court in Lalitha Kumari Vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)], the respondents are duty bound to register a case.

https://hcservices.ecourts.gov.in/hcservices/

4.Accordingly, this Court directs the respondent to register a case on the complaint of the petitioner, if the same discloses a cognizable offence and to investigate thereupon as early as possible and in accordance with law.

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

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Ga/Rj To

1. The Inspector of Police, Edappadi Police Station, Edappadi Taluk, Salem District.

2. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.S.Srinivasa Narayanan, Advocate, S.R.No.24968 CRL.O.P.No.11697 of 2015 VD(CO) CA(12/05/2015) https://hcservices.ecourts.gov.in/hcservices/