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Madras High CourtCRL OP/6483/2015closed

D.Hariharan v. The Inspector Of Police

2015-04-10Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2015 The Hon'ble Mr.Justice P.N.Prakash CRL.O.P.No.6483 of 2015 D.Hariharan .. Petitioner Vs.

State rep.by Inspector of Police, Villivakam Police Station, Chennai.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent/Police to register an FIR, dated 25.07.2014, against Eswari, V.T.Narayanan and his son, Rajasekar (the landlords) based on the statement obtained from the petitioner while he was admitted as in-patient in the Government Kilpauk Medical College Hospital, Chennai, and to investigate the same and proceed with the same as per law within a time frame. For Petitioner :

Mr.J.Kannan For Respondent :

Mr. C.Emalias Additional Public Prosecutor

O R D E R

The petitioner seeks direction upon the respondent/Police to register an FIR based on the statement obtained from him while he was admitted as in-patient in the Government Kilpauk Medical College Hospital, Chennai, and to investigate the same and proceed further as per law.

2.

Heard the learned counsel appearing for the petitioner. 3.

It is seen that the petitioner has not even given a formal complaint to the respondent/Police, and he has come up before this Court with the prayer to register an FIR on the ground that the Police has come to the Hospital and recorded his statement.

4. The learned Additional Public Prosecutor, representing the respondent/Police submitted that the Police have not recorded any statement from the petitioner, as alleged by him. 5.

In view of the above submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is closed, with liberty to the petitioner to approach the https://hcservices.ecourts.gov.in/hcservices/

jurisdictional Police and lodge a written compliant along with necessary medical records and in the event of such a complaint is being lodged by the petitioner, the concerned jurisdictional Police shall conduct enquiry and proceed further in accordance with law by registering a crime, if any cognizable offence is made out, 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)].

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sd To Inspector of Police, Villivakam Police Station, Chennai.

2.

The Public Prosecutor, High Court of Madras, Chennai.

1 cc to Mr.J.Kannan ,Advocate, SR.No.20151 CRL.O.P.No.6483 of 2015 sk(co) pmk.23.4.2015 https://hcservices.ecourts.gov.in/hcservices/