Madras High CourtCRL OP/32168/2014disposed of

M.Jothi v. The Deputy Superintendent Of

2015-03-24Honourable Mr Justice R.S.Ramanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.03.2015

CORAM

THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P.No.32168 of 2014 M.Jothi ..

Petitioner vs.

1. The Deputy Superintendent of Police, Thiruvallure, Thiruvallure District.

2. The Inspector of Police, District Crime Branch (Land Grabbing), Tiruvallure, Tiruvallure District.

Respondents Criminal Original Petition filed under section 482 of Criminal Procedure Code praying to direct the 2nd respondent police to register a First Information Report as against Pushpa and others based on the petitioner's complaint dated 22.09.2014 For Petitioner :

Mr.D.S.Ramesh For Respondents:

Mr.M.Maharaja Addl. Public Prosecutor.

ORDER

This petition has been filed seeking a direction to the 2nd respondent to register a case based on the petitioner's complaint dated 22.09.2014.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the respondentPolice.

3. The learned Additional Public Prosecutor submitted that on the basis of the complaint given by the petitioner only petition enquiry is pending.

4. Considering the allegations made in the complaint and in view of the dictum laid down by the Hon'ble Apex Court in Lalita https://hcservices.ecourts.gov.in/hcservices/

Kumari vs. Govt. of U.P. & others reported in [2013 (4) Crimes 243 (SC)] which has to be followed in letter and spirit viz., that if a cognizable offence is made out, the respondent-Police is duty bound to register a case, this Criminal Original Petition is disposed of, by directing the 2nd respondent to register the case on the basis of the petitioner's complaint dated 22.09.2014 and investigate the same in accordance with law.

vsm -s/d- Assistant Registrar( ) Dt:1/4/2015 True Copy Sub-Assistant Registrar To

1. The Deputy Superintendent of Police, Thiruvallure, Thiruvallure District.

2. The Inspector of Police, District Crime Branch (Land Grabbing), Tiruvallure, Tiruvallure District.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.D.S.Ramesh, Advocate SR 16480 ssi(co) prk6/4 Crl.O.P.No.32168 of 2014 https://hcservices.ecourts.gov.in/hcservices/