K.Rupkumar, v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2015

CORAM

THE HON'BLE MRS.JUSTICE S.VIMALA Crl.O.P.No.11937 of 2015 K.Rupkumar ... Petitioner Vs.

1. State of Tamil Nadu rep.by its The Deputy Commissioner of Police, Avadi, Chennai.

2. State of Tamil Nadu rep.by its Inspector of Police, Crime, Ambattur Police Station, Ambattur, Chennai.

... Respondents Prayer:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents police to register F.I.R. Against the said person on the basis of the complaint dated 14.04.2015.

For Petitioner : Mr.R.Karunagaran 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 respondents police to register F.I.R. Against the said person on the basis of the complaint dated 14.04.2015. 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.

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).

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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 second 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 pri To

1. The Deputy Commissioner of Police, Avadi, Chennai.

2. The Inspector of Police, Crime, Ambattur Police Station, Ambattur, Chennai.

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

+ 1 cc to Mr.R.Karunagaran, Advocate SR 24964 jsv(co) prk9/5 Crl.O.P.No.11937 of 2015 https://hcservices.ecourts.gov.in/hcservices/