K.Kandasamy v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.18644 of 2015 K.Kandasamy ... Petitioner/Defacto complainant Vs.
1. The Commissioner of Police, Salem City, Salem.
2. The Inspector of Police, Suramangalam Police Station, Salem - 636 008.
... Respondents/Complainants Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to directing the respondent to investigate the case on the complaint given by the petitioner on 19.02.2015 and register a case. For Petitioner : Mr.A.Nagarathinam For Respondent : Mr.C.Emalias, Additional Public Prosecutor
ORDER
Seeking a direction to the respondent to investigate the case on the complaint given by the petitioner on 19.02.2015 and to file a final report, the petitioner has come up with this petition.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.
3. It is submitted by the learned Additional Public Prosecutor appearing for the respondent that a case has been registered in CSR. No.102 of 2015 on the basis of the complaint given by the petitioner. The said submission is hereby recorded.
4. In view of the above submission made by the learned Additional Public Prosecutor, nothing survives in this petition. Accordingly, the Criminal Original Petition is closed.
24/07/2015 21/08/2015 BEING MENTIONED This petition having been posted on 21st August, 2015 under the caption for "Being Mentioned" in pursuance to the order of this court dated 24.07.2015 and made herein in the presence of the above Mr.A.Nagarathinam, Advocate for the petitioner, and Mr.C.Emalias, Additional Public Prosecutor appearing for respondents, this court made the following order:
Today, this matter was posted under the caption"for being mentioned".
2. On 24.07.2015, this Court had passed final orders on the premise that, regular case is registered in Crime No.102 of 2015. Today (i.e, on 21.08.2015), it is brought to the notice of this Court that, no regular case was registered, only petition enquiry in C.S.R.No.102 of 2015 is pending. Hence, the order dated 24.07.2015 is hereby recalled and the paragraphs 3 & 4 of the said order, shall stand replaced as under:
" 3.The learned Additional Public Prosecutor submitted that based on the complaint lodged by the petitioner, petition enquiry is pending in CSR.No.102 of 2015 before the 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.
5. With the above direction, this Criminal Original Petition is closed."
4. Registry is directed to make necessary amendments in the order and issue fresh copy of the order.
Sd/- Assistant Registrar True Copy Sub-Assistant Registrar
smi To 1.The Commissioner of Police, Salem City, Salem.
2.The Inspector of Police, Suramangalam Police Station, Salem - 636 008.
3.THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS Crl.O.P.No.18644 of 2015 rj(co) prk8/8 CTK (CO) PSI 10.09.2015