D.Devi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29477 of 2015 D.Devi ... Petitioner Vs

1. State Rep. By The Commissioner of Police, Vepery, Chennai - 600 007.

2. The Inspector of Police, Ayanavaram Police Station, Ayanavaram, Chennai.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register a case in connection with the complaint dated 23.10.2015. For Petitioner :

Mr. L.Baskaran For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the respondent to register a case in connection with the complaint dated 23.10.2015.

2. In the petition, it has been stated that the petitioner is working as a second grade employee at Mental Hospital, Ayanavaram, Chennai. She has lodged a complaint as against one D.Mala stating that the said D.Mala has misused the petitioner's signature and received the chit amount of Rs.38,50,000/- and thereafter, she has not repaid the said amount. Hence, the petitioner has lodged a complaint with the respondent police on 23.10.2015. But, till date, no action was taken on the said complaint. Hence, the present criminal original petition has been filed.

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3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4. The learned Additional Public Prosecutor submitted that no complaint is pending before the second respondent. If a copy of the complaint is given by the petitioner to the second respondent, necessary action will be taken.

4. In view of the submissions made by the learned Additional Public Prosecutor, the petitioner is directed to give a copy of the complaint dated 23.10.2015 along with a copy of this order to the second respondent within a period of one week from the date of receipt of a copy of this order. On receipt of such complaint, the second respondent is directed to conduct enquiry on the complaint of the petitioner and upon enquiry, if materials are gathered indicating commission of any cognizable offence, is directed to proceed further in accordance with law, as early as possible. If no prima facie case is made out for registering the case, the second respondent is directed to pass an appropriate order on the said complaint.

5. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mrp To

1. State Rep. By The Commissioner of Police, Vepery, Chennai - 600 007.

2. The Inspector of Police, Ayanavaram Police Station, Ayanavaram, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.L.Baskaran, Advocate, sr.381 Crl.O.P.No.29477 of 2015 ksj co kra 20.01.2016 https://hcservices.ecourts.gov.in/hcservices/