Madras High CourtCRL OP/11735/2015disposed of

K.Muthu Kumar v. The Commissioner 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.11735 of 2015 K.Muthukumar .. Petitioner v.

1.The Commissioner of Police, Egmore, Chennai.

2.The Inspector of Police, Entrustment Documents Fraud Wing, Team III, Central Crime Branch, Office of the Commissioner of Police, Egmore, Chennai.

.. Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents to register a case by lodging FIR based on the complaint dated 30.03.2015 given by the petitioner.

For Petitioner: Mr.S.Sathya 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 30.03.2015 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.

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.

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

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Ga/Rj To 1.The Commissioner of Police, Egmore, Chennai. 2.The Inspector of Police, Entrustment Documents Fraud Wing, Team III, Central Crime Branch, Office of the Commissioner of Police, Egmore, Chennai.

3. The Public Prosecutor, High Court, Chennai.

+ 2 ccs to Mr.S.Sathyanarayan, Advocate Sr.8211 CRL.O.P.No.11735 of 2015 KU(CO) Eu 12.05.2015 https://hcservices.ecourts.gov.in/hcservices/