K.Jayakumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-8-2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.14739 of 2015 K. Jeyakumar .. Petitioner Vs 1.

The Superintendent of Police, Namakkal, Namakkal District.

2.

The Inspector of Police, Namakkal Police Station, Namakkal District.

3.

K. Nalla Thambi, President, Namakkal Lorry Owners' Association, Salem Road, Namakkal.

... Respondents.

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to register the FIR under section 154 Cr.P.C. in connection with the written complaint lodged with first respondent by RPAD on 25.5.2015 forwarded to the second respondent Inspector of Police, Namakkal and to investigate the missing lorry and take necessary action in accordance with law. For Petitioner :

Mr.J.R.K.Bhavanantham For Respondents :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to register the FIR under section 154 Cr.P.C. in connection with the written complaint lodged with first respondent by RPAD on 25.5.2015 forwarded to the second respondent Inspector of Police, Namakkal and to investigate the missing lorry and take necessary action in accordance with law.

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2.

Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the State.

3.

The learned Additional Public Prosecutor submitted that the complaint lodged by the petitioner is pending enquiry. 4.

Under such circumstances, the second respondent is directed to enquire the complaint of the petitioner, and during the course of the enquiry, if any cognizable offence is made out, a regular case shall be registered, following the law laid down by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1. The petitioner is directed to co-operate for the conduct of enquiry. The Criminal Original Petition is closed with the above directions.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar vr To 1.

The Superintendent of Police, Namakkal, Namakkal District. 2.

The Inspector of Police, Namakkal Police Station, Namakkal District.

3.

The Public Prosecutor, High Court, Madras.

+1 cc to Mr.J.R.K.Bhavananantham, Advocate, sr.41507 Crl.O.P No.14739 of 2015 ksj(co) kra( 26/08) https://hcservices.ecourts.gov.in/hcservices/