Foukhiya v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2015

CORAM

The Hon'ble Mr. Justice R.S.Ramanathan Crl.O.P.No. 5465 of 2015 Mrs.Foukhiya

...Petitioner

vs.

The State, rep. by Inspector of Police, All Women Police Station, Kothavalchavadi, Chennai.

...Respondent

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent to register a case on the complaint of the petitioner in C.S.R.No.68/CSR/W-12, AWPS/2014, dated 06.10.2014.

For Petitioner : Mr.S.Shankar For Respondent : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, representing the respondent-Police. 2.

Considering the allegations made in the complaint and in view of 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)] which has to be followed in letter and spirit viz., that if a cognizable offence is made out, the respondent-Police is duty bound to register a case, this Criminal Original Petition is disposed of, by directing the respondent to register the case on the basis of the petitioner's complaint, in C.S.R.No.68/CSR/W-12, AWPS/2014, dated 06.10.2014, and investigate the same in accordance with law. Sd/- Assistant Registrar Dated:12.3.15 True Copy Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To 1.

Inspector of Police, All Women Police Station, Kothavalchavadi, Chennai.

2.

The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.Shankar, Advocate,SR.12517.

msm(co) krd 13/3 Crl.O.P.No. 5465 of 2015 https://hcservices.ecourts.gov.in/hcservices/