Madras High CourtCRL OP/12860/2016closed

Mr.A.Ramasamy v. The Superintendent Of Police

2016-06-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.12860 of 2016 A.Ramasamy ..Petitioner Vs 1.The Superintendent of Police Thiruvannamalai District Thiruvannamalai.

2.The Inspector of Police Ponnur Police Station Ponnur, Vandavasi Taluk. .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to register a case on the complaint of the petitioner dated 11.12.2015 and investigate the case, deal with the accused in accordance with law and submit a report to this Court.

For Petitioner :

Mr.N.Selvaraju.

For Respondents:

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to register a case on the complaint of the petitioner dated 11.12.2015 and investigate the case, deal with the accused in accordance with law and submit a report to this Court.

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

3. Learned Additional Public Prosecutor submits that, on the complaint dated 11.12.2015 given by the petitioner, petition enquiry was conducted in CSR No.196/2015 and the same was closed on 25.12.2015, on the undertaking given by the opposite parties that they will repay the mount. After having given the undertaking, the opposite parties have not complied with it.

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

4. Under such circumstances, this Court directs the respondent police to re-open the enquiry in CSR No.196/2015 and during the course of enquiry, if any cognizable offence is made out, a regular case shall be registered, in accordance with the law laid down by the Honourable Apex Court in Lalita Kumari vs. Govt. of U.P. & others [(2014) 4 SCC 1], otherwise, the petition may be closed under intimation to the petitioner. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gms To 1.The Superintendent of Police,Thiruvannamalai District,Thiruvannamalai.

2.The Inspector of Police,Ponnur Police Station,Ponnur, Vandavasi Taluk.

3.The Public Prosecutor, High Court, Madras.

Crl.OP No.12860 of 2016 ak co kra 14.07.2016 https://hcservices.ecourts.gov.in/hcservices/