Madras High CourtCRL OP/2158/2016disposed of

Mrs. Sivagamasundari v. The Superintendent Of Police

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.2158 of 2016 Sivagamasundari .. Petitioner Vs.

1.The Superintendent of Police Nagapattinam District Velipalayam, Nagapattinam.

2.The Deputy Superintendent of Police Nagapattinam, Nagapattinam District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to register a case as per the law by registering a criminal case on the complaint of the petitioner dated 19.09.2015 and C.S.R.No.448 of 2015 is pending on the file of the 3rd respondent.

For Petitioner :Mr.K.M.Subrahmanian 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 third respondent to register a case pertaining to the petitioner's complaint dated 19.09.2015, which is pending for enquiry in C.S.R.No.448 of 2015.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the third respondent on 19.09.2015 and enquiry is pending in C.S.R.No.448 of 2015. Further complaint has also been filed before the first respondent on 12.10.2015. But the https://hcservices.ecourts.gov.in/hcservices/

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.

3.Heard the learned Additional Public Prosecutor. 4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, petitioner enquiry is pending in C.S.R.No.448 of 2015. Hence, the respondents are 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 /true copy/ Sub Asst. Registrar kj To 1.The Superintendent of Police Nagapattinam District Velipalayam, Nagapattinam.

2.The Deputy Superintendent of Police Nagapattinam, Nagapattinam District.

3.The Public Prosecutor High Court, Chennai.

1 cc to Mr.K.M. Subramanian, Advocate, Sr. 6972 Crl.O.P.No.2158 of 2016 EV (CO) kk 15/2 https://hcservices.ecourts.gov.in/hcservices/