Madras High CourtCRL OP/9769/2015closed

Krishna Rao Kallapalli v. The Superintendent Of Police

2015-08-10Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.9769 of 2015 Krishna Rao Kallapalli .. Petitioner Vs 1.The Superintendent of Police, Office of Superintendent of Police, Kancheepuram District.

2.The State Rep.by The Inspector of Police, C3, Manimangalam Police Station, Kancheepuram District.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent herein namely the Inspector of Police, C-3, Manimangalam Police Station to register a case on the complaint dated 05.11.2014, on the file of the Respondent police against the said persons given by the petitioner herein. For Petitioner : Mr.A.Vijay Kumar For respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed to direct the 2nd respondent to register a case on the complaint dated 05.11.2014 given by the petitioner.

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

3. On a complaint given by one Sharmila, the respondent police registered a case in Crime No.425 of 2013 for offences under Sections 147, 419, 420, 467, 468, 471 I.P.C against seven persons including the petitioner, in which, the petitioner has been arrayed as accused No.3. Now, in this case, which relates to the complaint dated 05.11.2014, given by the petitioner, it is stated that the co-accused has impersonated the petitioner and that, the petitioner is innocent.

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4. Under the facts and circumstances of this case, a second FIR cannot be registered and the respondent police is directed to take into consideration the stand taken by this petitioner and in the course of investigation, if it is found that, the petitioner is an innocent person, it is needless to say that he should have to be dropped in the final report.

With the above said observation, the criminal original petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sms To 1.The Superintendent of Police, Office of Superintendent of Police, Kancheepuram District.

2.The Inspector of Police, C3, Manimangalam Police Station, Kancheepuram District.

3.The Public Prosecutor High Court,Madras.

+1cc to Mr.N. Santhosh, Advocate, S.R.No.41653 NM(CO) EU(24/08/2015) Crl.OP.No.9769 of 2015 https://hcservices.ecourts.gov.in/hcservices/