A.Ismail v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2015

CORAM

The Hon'ble Mr. Justice R.S.RAMANATHAN Crl.O.P.No.7562 of 2015 A.Ismail ... Petitioner vs.

1. The State rep. by Superintendent of Police, Thiruvannamalai.

2. The District Superintendent of Police, Thiruvannamalai Town, Thiruvannamalai. ... Respondents Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, praying to direct the respondents to register the petitioner's complaint dated 05.03.2015 made to the first respondent immediately and to investigate the same in accordance with law.

For Petitioner : Mr.G.Ramakrishnan For Respondents : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

This petition has been filed, seeking a direction to the respondents to register the petitioner's complaint, dated 05.03.2015, and to investigate the case.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the respondentPolice. 3.

Considering the allegations made in the complaint and in view of the dictum laid down by the Hon'ble Apex Court in re Lalita https://hcservices.ecourts.gov.in/hcservices/

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 second respondent-Police is duty bound to register a case, this Criminal Original Petition is disposed of, by directing the second respondent police to register the case on the basis of the petitioner's complaint, dated 05.03.2015, and investigate the same in accordance with law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rrg To

1. The Superintendent of Police, Thiruvannamalai.

2. The District Superintendent of Police, Thiruvannamalai Town, Thiruvannamalai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Ramakrishnan, Advocate, S.R.No.17204 Crl.O.P.No.7562 of 2015 KU(CO) CA(06/04/2015) https://hcservices.ecourts.gov.in/hcservices/