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Madras High CourtCRL OP/7692/2015disposed of

S.Noushath, S/O.Sirajuddin v. State Rep.By Inspector Of

2015-03-26Honourable Mr Justice R.S.Ramanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2015

CORAM

The Hon'ble Mr. Justice R.S.RAMANATHAN Crl.O.P.No.7692 of 2015 S.Noushath ... Petitioner vs.

The State, rep. by Inspector of Police, B-13, Pothanur Police Station (Crime) Coimbatore.

... Respondent Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent/Police to register a case on the complaint of the petitioner, dated 14.02.2015, against the persons mentioned therein and to investigate into the matter and submit a report before the concerned Court. For Petitioner : Mr.B.Nambiselvan 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 respondentPolice. 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 Police is duty bound to register https://hcservices.ecourts.gov.in/hcservices/

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, dated 14.02.2015, and investigate the same in accordance with law.

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

1. Inspector of Police, B-13, Pothanur Police Station (Crime) Coimbatore.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Nambiselvan, Advocate, S.R.No.17720 Crl.O.P.No.7692 of 2015 KK(CO) CA(06/04/2015) https://hcservices.ecourts.gov.in/hcservices/