D.Prema Dhanraj 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.11744 of 2015 D.Prema Dhanraj ... Petitioner Vs.

1. State Rep.by Inspector of Police, S.4, Nandambakkam Police Station, Chennai.

2. The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai 600 007.

... Respondents Prayer:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the first respondent to register the complaint of the petitioner dated 29.04.2015 given to the 1st respondent and investigate the same and file the final report. For Petitioner : Mr.M.Raja 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 the complaint of the petitioner dated 29.04.2015 given to the 1st respondent and investigate the same and file the final report. 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 https://hcservices.ecourts.gov.in/hcservices/

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 first 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.

pri Sd/- Vacation Officer //True Copy// Sub-Assistant Registrar To

1. The Inspector of Police, S.4, Nandambakkam Police Station, Chennai.

2. The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai 600 007.

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

+ 1 cc to Mr.M.Raja, Advocate SR 24919 jp(co) prk9/5 Crl.O.P.No.11744 of 2015 https://hcservices.ecourts.gov.in/hcservices/