Madras High CourtCRL OP/1777/2016disposed of

Mr.S.Rajasekaran 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.1777 of 2016 Mr.S.Rajasekaran ... Petitioner Vs The Inspector of Police, Sozhinganallur Police Station, Chennai-119.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register the case based on the complaint given by the petitioner dated 05.01.2016 and file final report within stipulated time.

For Petitioner :

Mr.S.Arivazhagan 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 of the petitioner dated 05.01.2016.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the respondent as early as on 05.01.2016, 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 the respondent police has not received any complaint so far. However, he fairly conceded that if the petitioner gives a fresh complaint before the respondent police, they will enquire the said complaint and register a case, if any cognizable offence is made out.

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4. Recording the submission of the learned Additional Public Prosecutor, this Court direct the petitioner to give a fresh complaint to the respondent police within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the respondent police 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/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar vsm To 1.The Inspector of Police, Sozhinganallur Police Station, Chennai-119.

2. The Public Prosecutor, High Court, Madras.

1 cc to Mr.S. Arivazhagan, Advocate, Sr. 7576 Crl.O.P.No.1777 of 2016 SVI (CO) kk 16/2 https://hcservices.ecourts.gov.in/hcservices/