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Madras High CourtCRL OP/12278/2016closed

Shanmugam, v. State Rep. By Its

2016-06-20Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.12278 of 2016 Shanmugam

...Petitioner

Vs.

1.State Rep by its Commissioner of Police, Erode.

2.State, Rep by its The Inspector of Police, Sathyamangalam Police Station, Erode.

(C.S.R.No.167 of 2016) ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent to register the petitioner's complaint dated 04.06.2016 and consequently direct the 2nd respondent to investigate and file final report within the time fixed by this Hon'ble Court in accordance with law. For Petitioner: Mr.R.Shivakumar for M/s.K.M.Vijayan Associates For Respondents: Mr.C.Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to direct the second respondent to register the petitioner's complaint dated 04.06.2016 and to investigate and file a final report.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor submitted that based on the complaint lodged by the petitioner, petition enquiry in CSR.No.167 of 2016 is pending before the second respondent-Police.

4. Recording the submission of the learned Additional Public Prosecutor, the second respondent police is directed to conduct enquiry expeditiously and during the course of enquiry, if any cognizable offence is made out, a regular case shall be registered, following the decision laid down by the Hon'ble Supreme Court in Lalita Kumari v. Government of Uttarpradesh and Others reported in (2014) 2 SCC 1, otherwise the petition may be closed under intimation to the petitioner.

With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ds To 1.The Commissioner of Police, Erode.

2.The Inspector of Police, Sathyamangalam Police Station, Erode.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.M.Vijayan, Advocate, S.R.No.33872 PVS(CO) EU(5/07/2016) Crl.O.P.No.12278 of 2016 https://hcservices.ecourts.gov.in/hcservices/