Madras High CourtCRL OP/1764/2016disposed of

A. Chitra v. State Rep. By Inspector

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.1764 of 2016 A.Chitra ... Petitioner Vs State Rep. By Inspector of Police, S-5, Police Station, Pallavaram, Chennai - 600 117.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register the case on the basis of the petitioner's complaint dated 21.01.2016 and investigate the same in accordance with law. For Petitioner : Mr.M.Pari 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 to register a case, based on the complaint given by her dated 21.01.2016.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the respondent as early as on 18.01.2016, but, however, the respondent police had not taken any steps to register a case. Therefore, the petitioner has given the copy of the complaint on 21.01.2016 to the respondent by registered post, but, till date no action has been taken 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 submitted that on the basis of the complaint given by the petitioner on 12.06.2011, a case has been registered and final report has also been filed. He seeks time to enquire the petitioner's complaint dated 21.01.2016 and after the enquiry, they will register the complaint, if congnizable offence is made out.

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4. Recording the submission made by the learned Additional Public Prosecutor, this Court directs the respondent police 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 III) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, S-5, Police Station, Pallavaram, Chennai - 600 117.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Pari, Advocate, S.R.No.8055 Crl.O.P.No.1764 of 2016 sv(CO) srg(11/02/2016) https://hcservices.ecourts.gov.in/hcservices/