G.Chandru @ Sayee v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2015

CORAM:

THE HONOURABLE MRS. JUSTICE S.VIMALA CRL.O.P.No.11763 of 2015 G.Chandru @ Sayee .. Petitioner vs.

1. State Rep. By The Commissioner of Police, Greater Chennai, Office of the Commissioner of police, Vepery, Chennai - 600 007.

2. The Inspector of Police, Central Crime Branch,(*)(Team VII) Vepery, Chennai - 600 007.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents to register a case based on the complaint lodged by the petitioner dated 05.05.2015 and to investigate the matter.

For Petitioner :

Mr.S.Joel 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 2nd respondent to register a case for alleged offences, based on the complaint dated 05.5.2015 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. https://hcservices.ecourts.gov.in/hcservices/

& others [2013 (4) Crimes 243 (SC)], the respondents are duty bound to register a case.

4.Accordingly, this Court directs the 2nd respondent to register a case on the complaint of the petitioner, if the same discloses a cognizable offence, investigate thereupon as early as possible and in accordance with law.

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

-s/dAssistant Registrar True Copy Sub-Assistnt Registrar (*) Amended as per order dated 13.5.2015 in M.P.No.1 of 2015 in Crl.O.P.No.11763/15 Sd/- Vacation Officer //True Copy// Sub-Assistant Registrar To

1. The Commissioner of Police, ] Greater Chennai, ] Office of the Commissioner of police,] To be substituted to the Vepery, Chennai - 600 007.

] order already despatched ] on 11/5/2015.

2. The Inspector of Police, ] Central Crime Branch,(*)(Team VII) ] Vepery, Chennai - 600 007.

] + 1 cc to Mr.S.Joel Advocate SR.25102 CRL.O.P.No.11763 of 2015 prk14/5 https://hcservices.ecourts.gov.in/hcservices/