Althea Dsilva @ Allie, Age 38 v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2016 Coram:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.19597 of 2016 Althea Dsilva @ Allie ... Petitioner Vs.

1. The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police, District Crime Branch, Erode District.

3. The Inspector of Police, Erode Taluk Police Station, Erode.

... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure praying to direct the respondents herein to register the case on the petitioner's complaint dated 11.08.2016 and consequently direct the 2nd respondent herein to investigate the same in accordance with law.

For Petitioner : Mr.M.Guruprasad For Respondents : Mr.C. Emalias Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the respondents to register the case on the petitioner's complaint dated 11.08.2016 and to direct the 2nd respondent to investigate the same in accordance with law.

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

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

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, petition enquiry in C.No.189 of 2016 is pending and on the complaint given by the opposite party against the petitioner, petition enquiry in C.No.199 of 2016 is pending before the second respondent.

4. Recording the submission of the learned Additional Public Prosecutor, the second respondent police is directed to conduct enquiry in both C.Nos.189 of 2016 & 199 of 2016 expeditiously and during the course of enquiry, if any cognizable offence is made out, a regular case shall be registered, following the decision laid down by the Hon'ble Supreme Court in Lalita Kumari v. Government of Uttarpradesh and Others reported in (2014) 2 SCC 1, otherwise the petitions may be closed under intimation to the petitioner.

With the above directions, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sms To

1. The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police, District Crime Branch, Erode District.

3. The Inspector of Police, Erode Taluk Police Station, Erode.

4. The Public Prosecutor High Court, Madras.

+1cc to Mr.M.Guruprasad, Advocate, S.R.No.50535 Crl.O.P.No.19597 of 2016 RP(CO) CA(21/09/2016) https://hcservices.ecourts.gov.in/hcservices/