C.Dasarathan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2015 CORAM :

THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.O.P.No.7180 of 2015 C.Dasarathan ... Petitioner Vs.

1.The Commissioner of Police, Chennai-600 007.

2.The Inspector of Police, E-1 Police Station, Mylapore, Chennai-600 004.

3.The Assistant Commissioner of Police, Mylapore, Chennai-600 004.

... Respondents Prayer:- Petition has been filed under Section 482 of Cr.P.C. to direct the respondents to register a FIR based on the complaint given by the petitioner dated 28.02.2015 under provisions of the SC/ST (Prevention of Atrocities Act), 1989, IPC and the Protection of Human Rights Act, 1993, consequently to direct investigation of the same by a police officer of good reputation and unimpeachable integrity and not less than the rank of ACP.

For Petitioner : Dr.V.Suresh For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition to direct the respondents to register a FIR based on the complaint given by the petitioner dated 28.02.2015 under provisions of the SC/ST (Prevention of Atrocities Act), 1989, IPC and the Protection of Human Rights Act, 1993, consequently to direct investigation of the same by a police officer of good reputation and unimpeachable integrity and not less than the rank of ACP.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor submitted that based on the complaint lodged by the petitioner, the petition enquiry is pending in CSR. No.199 of 2015 before the second respondent.

4. Recording the submission of the learned Additional Public Prosecutor, the second respondent police is directed to conduct enquiry and during the course of enquiry, if the commission of cognizable offence is disclosed, a regular case shall be registered, following the decision laid down by the Hon'ble Supreme Court in (2014) 2 SCC 1 (Lalitha kumari Vs. Government of Uttarpradesh & Others).

5. With the above direction, this petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssd To 1.The Commissioner of Police, Chennai-600 007.

2.The Inspector of Police, E-1 Police Station, Mylapore, Chennai-600 004.

3.The Assistant Commissioner of Police, Mylapore, Chennai-600 004.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.7180 of 2015 CA(CO) Eu 21.04.15 https://hcservices.ecourts.gov.in/hcservices/