Madras High CourtCRL OP/2033/2016disposed of

D.Nirmalkumar v. The Inspector Of Police

2016-02-04Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2016

CORAM

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.2033 of 2016 D.Nirmalkumar ... Petitioner Vs The Inspector of Police, P.1, Police Station, Pulianthope, Chennai - 600 012.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C. seeking a direction to the respondent to take appropriate action to register an FIR on the complaint dated 14.01.2016 to investigate the same in accordance with law and to a file final report.

For Petitioner :

Ms. D. Bharathy For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the respondent to register a case, based on the complaint given by him dated 14.01.2016.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the respondent as early as on 14.01.2016, but, however, the respondent police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief.

3. At this juncture, the learned Government Advocate (Crl. Side), on instructions, would submit that on the basis of the complaint given by the petitioner, petition enquiry in C.S.R.No.37 of 2016 is pending. He would further submit that the petitioner did not co-operate with the enquiry.

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4. Considering the rival submission made on both sides, the petitioner is directed to co-operate with the enquiry and similarly, 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.

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar vsm To 1.The Inspector of Police, P.1, Police Station, Pulianthope, Chennai - 600 012.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2033 of 2016 SR (CO) kk 18/2 https://hcservices.ecourts.gov.in/hcservices/