Madras High CourtCRL OP/1752/2016disposed of

M.Gopi v. The Inspector Of Police

2016-02-04Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2016

CORAM

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.1752 of 2016 M.Gopi ... Petitioner Vs State Rep. by Inspector of Police, N1-, Royapuram Police Station, Chennai - 13.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent police to register complaint dated 27.11.2015 made by the petitioner and grant such other reliefs as deemed fit to this Court.

For Petitioner :

Mr.R.Margabandhu For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the respondent police to register a case, based on the complaint given by him dated 27.11.2015.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the respondent as early as on 24.08.2015, but, however, the respondent police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief.

3. Resisting the same, the learned Additional Public Prosecutor, on instructions, would submit that on receipt of the complaint given by the petitioner C.S.R.No.1462 of 2015 has been assigned and the petitioner was called for enquiry, but he did not appear for enquiry and therefore, the respondent police closed the C.S.R.No.1462 of 2015. However, he fairly conceded that if the petitioner co-operates for enquiry, they will reopen and enquire the matter and also register the complaint, if https://hcservices.ecourts.gov.in/hcservices/

cognizable offence is made out.

4. Recording the submission made by the learned Additional Public Prosecutor, this Court directs the petitioner to appear before the respondent police and co-operate with the enquiry and similarly, the respondent is directed to expedite the enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC) and register a case, if any cognizable offence is made out.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar vsm To 1.The Inspector of Police, N1-, Royapuram Police Station, Chennai - 13.

2. The Public Prosecutor, High Court, Madras.

+2 ccs to Mr.R.Margabandhu, Advocate, sr.7147 Crl.O.P.No.1752 of 2016 kgk co kra 19.02.2016 https://hcservices.ecourts.gov.in/hcservices/