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Madras High CourtCRL OP/11792/2015disposed of

Chitra @ Rama v. State Rep. By Its

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.11792 of 2015 Chithra @ Rama .. Petitioner v.

1.State Rep. By its The Inspector General of Police, Office of the Inspector General of Police, Puducherry.

2.State Rep. By its Inspector of Police, Rettyarpalayam Police Station, Puducherry.

.. Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent police to register a case based on the complaint dated 04.05.2015 in accordance with law.

For Petitioner : Mr.W.Camyles Gandhi For Respondents: Mr.A.Tamilvanan, GA[Pondy]

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 04.05.2015. 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 Government Advocate [Puducherry] on the submissions made by the learned counsel for the petitioner.

3. It is represented by the learned Government Advocate [Puducherry] that petition enquiry is pending.

4. 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/

5.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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Ga/Rj To 1.The Inspector General of Police, Office of the Inspector General of Police, Puducherry.

2.The Inspector of Police, Rettyarpalayam Police Station, Puducherry.

3. The Public Prosecutor, High Court, Chennai.

+ 1 cc to M/s.W.Camyles Gandhi, Advocate Sr.24953 CRL.O.P.No.11792 of 2015 MP(CO) Eu 12.05.15 https://hcservices.ecourts.gov.in/hcservices/