C.Kishan Lal v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.2037 of 2016 C.Kishan Lal .. Petitioner .. Vs ..

1. The Inspector of Police, T-14, Mangadu Police Station, Chennai - 600 122.

2. The Commissioner of Police, Chennai City Police, Office of the Commissioner of Police, Vepery, Chennai - 600 007.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the first respondent police to register a case on the complaint dated 16.11.2015 acknowledged in C.S.R.No.1531/2015 on the file of the first respondent police and investigate into the case. For Petitioner :

Mr.R.John Sathyan For Respondents:

Mr.M.Mohamed Riyaz, Government Advocate (Crl.Side) - - - - -

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the first respondent police to register a case on the complaint dated 16.11.2015 acknowledged in C.S.R.No.1531/2015 on the file of the first respondent and investigate into the case.

2. The learned counsel for the petitioner submitted that one Mr.Sakthivel, who is working in the agriculture field of the petitioner, has given a complaint dated 16.11.2015 to the first respondent police and though the said complaint has been received and C.S.R.No.1531/2015 has been given, the first respondent police had not taken any steps to enquire the matter and to register a case and hence, the petitioner has come forward with this petition for the above stated relief. https://hcservices.ecourts.gov.in/hcservices/

3. Per contra, the learned Government Advocate (Crl.Side), would submit that on the basis of the complaint given by the de facto complainant viz., Mr.Sakthivel, enquiry is going on.

4. Considering the rival submissions made by the learned counsel on either side, the first respondent police 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. With the above direction, this Criminal Original Petition is closed.

Jrl s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, T-14, Mangadu Police Station, Chennai - 600 122.

2. The Commissioner of Police, Chennai City Police, Office of the Commissioner of Police, Vepery, Chennai - 600 007.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.R.John Sathyan, Advocate SR 6280 sk(co) prk10/2 CRL.O.P.No.2037 of 2016 https://hcservices.ecourts.gov.in/hcservices/