Dr.M.A.M.Ramaswamy v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2015

CORAM

The Hon'ble Mr. Justice R.S.RAMANATHAN Crl.O.P.No. 5357 of 2015 Dr.M.A.M.Ramaswamy S/o. Dr.Raja Sir M.A.Muthiah Chettiyar, "Chettinad House"

Rajah Annamalaipuram, Chennai - 600 028.

...Petitioner

vs.

1. The Commissioner of Police, Greater Chennai, Poonamallee High Road, Vepery, Chennai - 600 007.

2. The State, rep. by Inspector of Police, Thousand Lights Police Station, Chennai - 600 006.

...Respondents

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the second respondent to register a case on the complaint dated 07.10.2014, as it is necessary to protect the valuable items in the locker and investigate the case in accordance with law.

For Petitioner : Mr.Shanmugasundaram, Senior Counsel for M/s.C.Paulraj Associates For Respondents : Mr.Shanmughavelayutham Public Prosecutor

O R D E R

Heard Mr.Shanmugasundaram, the learned Senior Counsel for the petitioner.

2. Mr.Shanmughavelayutham, the learned Public Prosecutor for the respondent/Police submitted that the complaint, dated 07.10.2014, alleged to have given by the petitioner before the Commissioner of Police, viz., first respondent herein, has not been received and the second respondent herein, viz., Inspector of Police, Thousand Lights Police Station, Chennai, is the concerned Authority, to whom, the petitioner ought to have lodged the complaint. Hence, the learned Public Prosecutor submitted that the petitioner may be directed to give a copy of the complaint, dated 07.10.2014 to the second respondent herein, and on receipt of such complaint, suitable action will be taken by the second respondent herein in accordance with law. 3.

Recording the submission of the the learned Public Prosecutor for the respondent/Police, the Criminal Original Petition is disposed of, by directing the petitioner to give a copy of the complaint, dated 07.10.2014 to the Inspector of Police, Thousand Lights Police Station, Chennai, the second respondent herein. As and when, the second respondent receives the complaint from the petitioner, he is directed to register the case and proceed further in accordance with law by following the dictum laid down by the Hon'ble Apex Court in re Lalita Kumari vs. Govt. of U.P. & others reported in [2013 (4) Crimes 243 (SC)].

4.

With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar SD

To

1. The Commissioner of Police, Greater Chennai, Poonamallee High Road, Vepery, Chennai - 600 007.

2. The State, rep. by Inspector of Police, Thousand Lights Police Station, Chennai - 600 006.

3. The Public Prosecutor, High Court, Madras.

+2cc's to M/s.Paul raj, Advocate, S.R.No.13983 Crl.O.P.No. 5357 of 2015 AD(CO) CA(13/03/2015)