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Madras High CourtCRL OP/7845/2015closed

R.Saraswathi, v. The District Superintendent Of

2015-06-01Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.7845 of 2015 R.Saraswathi ... Petitioner Vs 1.The District Superintendent of Police Coimbatore District,Coimbatore.

2.The Inspector of Police (Land Grabbing Wing) Kinathukadavu Police Station Coimbatore District.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to register the complaint of the petitioner dated 08.02.2014 and investigate the same in accordance with law to secure the ends of justice.

For Petitioner :

Mr.R.Sankarasubbu For Respondents :

Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to register the complaint of the petitioner dated 08.02.2014 and investigate the same in accordance with law to secure the ends of justice.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is represented by the learned Additional Public Prosecutor that the petitioner was directed to appear four times before the respondent police for enquiry, but she did not appear and therefore, the petition enquiry was closed. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel for the petitioner submits that the petitioner is an handicapped person and she was hospitalised and therefore, she was not in a position to appear before the police.

5. In view of the above, this Court directs the petitioner to appear before the respondent police on 12.06.2015 at 10.30 a.m. and submit herself for enquiry on the aforesaid date and also on other dates. During the course of investigation, if any cognizable offence is made out, the respondent police is directed to conduct enquiry and act in accordance with the law as laid down by the Honourable Apex Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)].

6. At this juncture, learned Additional Public Prosecutor submitted that it is possible that the police would have sent the papers to the Office of the Commissioner of Police after closing the case and therefore, the petitioner may be directed to give a fresh complaint, if necessary.

Recording the submission made by the learned Additional Public Prosecutor, the petitioner is directed to furnish a fresh complaint in writing to the respondent police and the same shall be enquired into as aforesaid.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar gms To 1.The District Superintendent of Police, Coimbatore District, Coimbatore.

2.The Inspector of Police,(Land Grabbing Wing), Kinathukadavu Police Station Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

+2cc's to Mr.R.Sankarasubbu, Advocate, S.R.No.25751 Crl.OP No.7845 of 2015 SCD(CO) CA(18/06/2015) https://hcservices.ecourts.gov.in/hcservices/