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Madras High CourtCRL OP/13881/2020disposed of

Irfan v. The Commissioner Of Polce

2020-09-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13881 of 2020 Irfan (M/21) S/o.Mohamed Rafee No.10/624, Sector D, 7th Street Anna Nagar West Extension Ambattur, Chennai-600 101.

... Petitioner Vs

1. The Commissioner of Police Chennai City Veppery Chennai-600 007.

2. The Inspector of Police T-3, Korattur Police Station E Ave Rd, TNHB Colony TVS Industries Korattur, Chennai-600 080.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent to register the FIR on the written complaint of the petitioner dated 09.03.2020. For Petitioner : Mr.I.Abdul Basith For Respondents: Mr.S.Karthikeyan Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed seeking a direction to the 2nd respondent to register the FIR on the written complaint of the petitioner dated 09.03.2020. 2.

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

3. The learned counsel for the petitioner would submit that the petitioner was attacked by his wife, due to which he sustained head injuries and admitted in the hospital for treatment. In fact, a statement was recorded by the second https://hcservices.ecourts.gov.in/hcservices/

respondent, while he was admitted in the hospital for treatment. Even thereafter, the second respondent has not registered any FIR as against the accused.

4. The learned Additional Public Prosecutor submitted that on receipt of the complaint, enquiry is pending and since the dispute is between the husband and wife, the second respondent has not registered any FIR as against the accused person. 5.Considering the submission made by the learned Additional Public Prosecutor, the second respondent is directed to conduct an enquiry on the statement recorded from the petitioner and if any cognizable offence is made out, the second respondent is directed to register a case and proceed in accordance with law.

6. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar uma

1. The Commissioner of Police Chennai City Veppery Chennai-600 007.

2. The Inspector of Police T-3, Korattur Police Station E Ave Rd, TNHB Colony TVS Industries Korattur, Chennai-600 080.

3. The Public Prosecutor High Court, Madras.

Crl.O.P.No.13881 of 2020 AJS(CO) RMP(06/11/2020) https://hcservices.ecourts.gov.in/hcservices/