Madras High CourtCRL OP/11793/2015disposed of

H.Senguttuvan 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.11793 of 2015 H.Senguttuvan ... Petitioner vs.

State Rep. By The Inspector of Police, Thiruvenkadu Police Station, Thiruvenkadu, Nagapattinam District.

... Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent to register a case on the petitioner's complaint dated 26.04.2015. For Petitioner : Mr.P.Krishnan 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 respondent to register a case for alleged offences, based on the complaint dated 26.04.2015 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 respondent is 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/- Vacation Officer //True Copy// Sub Assistant Registrar Ga/Rj To

1. The Inspector of Police, Thiruvenkadu Police Station, Thiruvenkadu, Nagapattinam District.

2. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.P.Krishnan, Advocate, S.R.No.25012 CRL.O.P.No.11793 of 2015 KU(CO) CA(11/05/2015) https://hcservices.ecourts.gov.in/hcservices/