Madras High CourtCRL OP/2160/2016disposed of

Mrs. L. Marthina, v. The Commissioner 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.2160 of 2016 L.Marthina .. Petitioner Vs.

1.The Commissioner of Police Greater Chennai Police No.132, Commissioner office building EVK Sampath road, Vepery, Chennai-8.

2.The State rep. by.

the Inspector of Police P-5 M.K.B. nagar police station Chennai-39.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent herein i.e. the Inspector of Police, P-5 M.K.B. Nagar police station, Chennai39, to register the case pertaining to the petitioner's complaint dated 15.10.2015 in accordance with law. For Petitioner :Mr.B.Ganesha Moorthy 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 second respondent to register a case pertaining to the petitioner's complaint dated 15.10.2015 in accordance with law.

2.The learned counsel for the petitioner submitted that her son has made life threat and he has been continuously harassing her. Hence, she lodged a complaint before the first respondent on 15.10.2015. 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.Heard the learned Additional Public Prosecutor. 4.On perusal of the typed set of papers, it reveals that the petitioner has lodged a complaint before the first respondent and he has forwarded the same to the second respondent. But the petitioner has not filed any acknowledgment. However, learned counsel for the petitioner would take me to page No.2 of the typed set of papers, wherein it was stated that "remainder complaint to Commissioner of Police". But there is no document to show that the respondents have received the petitioner's complaint dated 15.10.2015. Therefore, the petitioner is directed to file a fresh complaint before the second respondent. On receipt of the same, the second respondent is directed to conduct 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 V ) /true copy/ Sub Asst. Registrar kj To 1.The Commissioner of Police Greater Chennai Police No.132, Commissioner office building EVK Sampath road, Vepery, Chennai-8.

2.The Inspector of Police P-5 M.K.B. nagar police station Chennai-39.

3.The Public Prosecutor High Court, Chennai.

1 cc to Mr.B. Ganesamoorthy, Advocate, Sr. 6499 Crl.O.P.No.2160 of 2016 LRS (CO) kk 15/2 https://hcservices.ecourts.gov.in/hcservices/