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Madras High CourtCRL OP/1900/2016disposed of

A.P.Kunhikannan v. The Inspector Of Police

2016-04-01Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.1900 of 2016 A.P.Kunhikannan .. Petitioner Vs.

1. The Inspector of Police, F5 Choolaimedu Police Station, Choolaimedu, Chennai-94.

2. Mr.Jino Jebaraj, S/o.Jebaraj, New No.25/105 (Ground Floor), Gill Nagar 3rd Street, Choolaimedu, Chennai-94.

(The 2nd Respondent is Impleaded as per the Order of this Court Dated 12.02.2016 made in CRL.MP.NO.1705/16) .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register the complaint given by the petitioner dated 30.12.2015.

For Petitioner : Mr.David Tyagaraj For Respondent : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking a direction to the respondent to register a case pertaining to the petitioner's complaint dated 30.12.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 30.12.2015. But the respondent has not shown any interest to enquire the matter and register the case. Hence, the petitioner has come forward with this petition for the above stated relief.

https://hcservices.ecourts.gov.in/hcservices/

3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that on the basis of the complaint given by the petitioner, petition enquiry in C.S.R.No.67 of 2016 is going on.

4.Considering the rival submissions made on both sides, on the basis of the complaint given by the petitioner, as enquiry is going on in C.S.R.No.67 of 2016, the respondent is directed to expedite the enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC) and register a case, if any cognizable offence is made out.

5. The Criminal Original Petition is disposed of with the above direction.

kj Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, F5 Choolaimedu Police Station, Choolaimedu, Chennai-94.

2. The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.David Tyagaraj, Advocate Sr 20726 KR/11/4/16 Crl.O.P.No.1900 of 2016 https://hcservices.ecourts.gov.in/hcservices/