K. Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2022

CORAM:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No.12095 of 2022 K.Kumar ... Petitioner

Versus

1. The State represented by The Commissioner of Police, Avadi (Crime Department), No.5/1, HVF Estate Bhaktavatsala Puram, Avadi, Chennai - 600 054.

2. The Inspector of Police, T-6 Avadi Police Station, Avadi, Chennai - 600 054.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent police to register the FIR based on the complaint given by Petitioner on 14.04.2022.

For Petitioner :

Mr.G.Uma Maheswari For Respondents :

Mr.A.Damodaran, Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed direct the 2nd respondent police to register the FIR based on the complaint dated 14.04.2022 given by the petitioner.

2. As per the judgment of Division Bench of this Court in the case of G.Prabakaran Vs. Superintendent of Police, Thanjavur District and others in Crl.O.P. (MD) No.13681, 13688 of 2017 etc., the respondent police have to conduct preliminary enquiry and register a case if the offence is made out and if the said exercise is not being carried out, the petitioner shall follow the procedures as mandated by the Division Bench from Clause 6 onwards i.e. to give a representation to the higher officials and thereafter, to file a private complaint under Sec.156(3) Cr.P.C.

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3. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar rpp/sma To

1. The Commissioner of Police, Avadi (Crime Department), No.5/1, HVF Estate Bhaktavatsala Puram, Avadi, Chennai - 600 054.

2. The Inspector of Police, T-6 Avadi Police Station, Avadi, Chennai - 600 054.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.12095 of 2022 JPL(CO) SB(01/06/2022) https://hcservices.ecourts.gov.in/hcservices/