C.Vedavalli v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2015

CORAM

THE HON'BLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.No.33289 of 2014 C.Veda Valli

...Petitioner

vs.

1. The Inspector of Police, Thevattipatti Police Station, Omalur Taluk, Salem District.

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

...Respondents

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the first respondent to register the FIR as per the petitioner's complaint dated 26.11.2014 against the accused persons.

For Petitioner :

Mr.M.Thamizhavel For Respondents : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

This petition has been filed, seeking a direction to the first respondent to register the FIR as per the petitioner's complaint dated 26.11.2014 against the accused persons.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the respondents-Police. 3.Considering the allegations made in the complaint and in view of the dictum laid down by the Hon'ble Apex Court in re 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 first respondent to register the case on the basis of the petitioner's complaint, dated 26.11.2014, and investigate the same in accordance with law.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar jvm To

1. The Inspector of Police, Thevattipatti Police Station, Omalur Taluk, Salem District.

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

3. The Public Prosecutor, High Court, Madras.

1 CC to Mr.M.Thamizhavel, Advocate SR.No. 8278 Crl.O.P.No.33289 of 2014 KU (CO) PSI (05.03.2015) https://hcservices.ecourts.gov.in/hcservices/