Madras High CourtCRL OP/11877/2015disposed of

N.Jothimani v. State Rep. By

2015-05-06Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2015

CORAM

THE HON'BLE MRS.JUSTICE S.VIMALA Crl.O.P.No.11877 of 2015 1.N.Jothimani 2.J.Vetrivel ... Petitioners Vs.

1. State Rep.by The Inspector of Police, R 11, Rayala Nagar Police Station, Ramapuram, Chennai 600 089.

(CSR No.72 of 2015)

2. Balaji Raj

3. Vineela Raj ... Respondents Prayer:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st respondent to register a case against both 2nd and 3rd respondent who have conspired together with ulterior motive wilfully to deceive thereby claim wrongful gain and who are continuously harassing them with connivance of media and political persons based on the petitioners complaint dated 28th March 2015.

For Petitioner : Mr.B.Jayanthi 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 a case on the complaint given by the petitioner dated 28.03.2015.

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.

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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 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 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.

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

1. The Inspector of Police, R 11, Rayala Nagar Police Station, Ramapuram, Chennai 600 089.

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

jp(co) prk11/5 Crl.O.P.No.11877 of 2015 https://hcservices.ecourts.gov.in/hcservices/