Madras High CourtCRL OP/12920/2016closed

I. Vinciya, v. The State Rep. By The Sub

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.12920 of 2016 I.Vinciya ... Petitioner Vs.

The State Rep.by The Sub Inspector of Police, Perunagar Police Station, Kancheepuram District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the respondent to register the case based on the petitioner's complaint dated 19.04.2016 and CSR No.49/2016 dated 19.04.2016 issued by the respondent.

For Petitioner : Mr.A.Ramesh For Respondent : Mr.C. Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent to register the case based on the petitioner's complaint dated 19.04.2016 and CSR No.49/2016 dated 19.04.2016 issued by the respondent.

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

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that on the complaint dated 19.04.2016 given by the petitioner, petition enquiry in CSR No.49 of 2016 is pending before the respondent and on the complaint given by the opposite party, petition enquiry in CSR No.48 of 2016 is also pending before the respondent. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel appearing for the petitioner submitted that the opposite parties have attacked the petitioner's father, brother, grandfather and grandmother, due to which, they suffered injuries. In this regard, the petitioner produced medical certificates.

5. Recording the submission of the learned counsel an either side, the respondent police is directed to conduct enquiry in both CSR.Nos. 48 & 49 of 2016 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 directions, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sms To

1. The Sub Inspector of Police, Perunagar Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.12920 of 2016 VGI(CO) CA(23/07/2016) https://hcservices.ecourts.gov.in/hcservices/