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Madras High CourtCRL OP/1837/2016closed

M/S.Fuso Glass India Pvt. Ltd. v. State Rep. By

2016-02-01Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.1837 of 2016 M/s. Fuso Glass India Pvt. Ltd., Rep. by it's Legal Advisor Mr.C.Subash, 91, "Fuso House"

Poonamallee High Road, Chennai - 84.

... Petitioner . Vs .

State Rep. by The Inspector of Police, F-2, Egmore Police Station, Egmore, Chennai.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent to register the petitioner's complaint dated 20.10.2015 and to take necessary action in accordance with law and further to provide adequate security to the petitioner. For Petitioner : Mr.S.Thiru Saravanan For Respondent :

Mr.M.Mohamed Riyaz, Government Advocate (Crl.Side)

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the respondent police to register a case based on the petitioner's complaint dated 20.10.2015 and to take necessary action in accordance with law and further to provide adequate security to the petitioner.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the respondent police on 20.10.2015 for the incident alleged to be taken place on the same day at 4.00 p.m. Though the said complaint has been received and C.S.R.No.1568 of 2015 has been issued, the respondent police had not taken any steps to enquire the https://hcservices.ecourts.gov.in/hcservices/

matter and to register a case and hence, the petitioner has come forward with this petition for the above stated relief.

3. At this juncture, the learned Government Advocate (Crl.Side), would submit that a counter complaint has been given by the proposed accused and the said complaint has been received and C.S.R.No.1565 of 2015 has been given. Furthermore, the proposed accused had also filed a petition in Crl.O.P.No.30311 of 2015 on 22.12.2015 and in the said petition, a direction has been given and now, both the C.S.R.Nos.1568 and 1565 of 2015 are pending for enquiry.

4. Considering the submission made by the learned Government Advocate (Crl.Side) to the effect that for the same incident, on the basis of the complaint given by the petitioner, C.S.R.No.1568 of 2015 is pending and on the basis of the counter complaint given by the proposed accused, C.S.R.No.1565 of 2015 is pending and the proposed accused also has filed a petition in Crl.O.P.No.30311 of 2015, in which, a direction has been given, this Court is of the considered view that it is a fit case to direct the respondent police to expedite the enquiry and to register a case, if any cognizable offence is made out, by following the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC).

5. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Jrl To

1. The Inspector of Police, F-2, Egmore Police Station, Egmore, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Thiru Saravanan, Advocate, S.R.No.6028 CRL.O.P.No.1837 of 2016 VS(CO) CA(09/02/2016) https://hcservices.ecourts.gov.in/hcservices/