Madras High CourtCRL OP/15581/2016closed

S.Usha Kumari v. The Superintendent Of Police

2016-08-22Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.15581 of 2016 S.Usha Kumari ...

Petitioner Vs 1.The Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police, District Crime Branch, Vellore, Vellore District.

...

Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent to register the case on the complaint of the petitioner dated 04.04.2016 and to investigate the matter and to file a final report u/s.173(2) Cr.P.C.

For Petitioner :Mr.P.Venkatesan For Respondents :Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondent to register a case on the complaint dated 04.04.2016, given by the petitioner and to investigate the same and to file a final report u/s.173(2) Cr.P.C.

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

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that on a similar complaint given by one Suresh Kumar, the respondent-Police have registered a case in Crime No.11 of 2016 for the offences under Sections 406, 468 & 420 IPC against Manogaran, Mohan, Babu alias Imthiyas Babu and investigation is pending. In the https://hcservices.ecourts.gov.in/hcservices/

present complaint given by the petitioner, a similar allegation has been made and she has implicated only Imthiyas Babu.

4. Under such circumstances, the petitioner is directed to go in person and give a statement to the Inspector of Police, District Crime Branch, Vellore and if her statement discloses the commission of a new and different offence, the Police may register a fresh FIR. Otherwise, the petitioner can also be treated as one of the victims and her 161(3) statement can be recorded.

With the above observation, this Criminal Original Petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police, District Crime Branch, Vellore, Vellore District.

3.The Public Prosecutor, High Court, Chennai.

Crl.OP.No.15581 of 2016 aa12/09/2016 https://hcservices.ecourts.gov.in/hcservices/