A.G. Muhamed Ismail v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.2058 of 2016 A.G.Muhamed Ismail .. Petitioner Vs.

1.The Commissioner of Police Greater Chennai, Vepery Chennai-600 007.

2.The Assistant Commissioner of Police Flower Bazaar Police Station Chennai-1.

3.The Inspector of Police B-1, North Beach Police Station Rajaji Salai, Chennai-1.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 3rd respondent to register the case based on the petitioner's complaint dated 17.01.2016 in C.S.R.No.40 of 2016, on the file of the respondents and to file a final report within the time stipulated by this Court. For Petitioner :M/S.Law vision For Respondent :Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction to the 3rd respondent to register a case pertaining to the petitioner's complaint dated 17.01.2016 and to investigate the same and file a final report. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the 3rd respondent on 17.01.2016, for which, C.S.R.No.40 of 2016 has been assigned. But the respondents have not shown any interest to enquire the matter and register the case. Hence, the petitioner has come forward with this petition for the above stated relief.

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3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that on the basis of the complaint given by the petitioner, petition enquiry in C.S.R.No.40 of 2016 is going on.

4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, as enquiry is going on in C.S.R.No.40 of 2016, the 3rd 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/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kj To 1.The Commissioner of Police Greater Chennai, Vepery Chennai-600 007.

2.The Assistant Commissioner of Police Flower Bazaar Police Station Chennai-1.

3.The Inspector of Police B-1, North Beach Police Station Rajaji Salai, Chennai-1.

4.The Public Prosecutor High Court, Chennai.

+1 cc to M/s.Law Vision, Advocates, sr.7986 Crl.O.P.No.2058 of 2016 rsy co kra 17.02.2016 https://hcservices.ecourts.gov.in/hcservices/