M/S.Mahindra Rural Housing v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2016 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition No.2275 of 2016 M/s.Mahindra Rural Housing Finance Limited represented by its Assistant Manager, Mrs.Bindhu Mole, Mahalingapuram, Pollachi, Coimbatore District.

... Petitioner/Defacto Complainant Vs.

State represented by 1.The Superintendent of Police, Coimbatore District, Coimbatore.

2.The Inspector of Police, Mahalingapuram Police Station, Pollachi, Coimbatore District.

... Respondents/Complainants Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondent to register an FIR in the above CSR No.284 of 2015 dated 17.11.2015 on the file of Mahalingapuram Police Station, Pollachi. For Petitioner : Mr.G.Sivashankar For Respondents : 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 respondents to register an FIR on the petitioner's complaint dated 17.11.2015 in CSR No.284 of 2015 on the file of Mahalingapuram Police Station, Pollachi.

2.The learned counsel for the petitioner would submit that the petitioner has given a complaint to the second respondent as early as on 17.11.2015, however, the second respondent has not shown any interest to enquire the matter and to register an FIR. Hence, the petitioner has come forward with this petition for the above stated relief. https://hcservices.ecourts.gov.in/hcservices/

3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that based on the complaint given by the petitioner in C.S.R.No.284 of 2015, petition enquiry is going on.

4.Considering the rival submission made on both sides, the second 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.

The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mps To 1.The Superintendent of Police, Coimbatore District, Coimbatore.

2.The Inspector of Police, Mahalingapuram Police Station, Pollachi, Coimbatore District.

3.The Additional Public Prosecutor, Madras High Court, Madras.

+ 1 cc to Mr.G.Sivashankar, Advocate Sr 13556 (10/3/16) Crl.O.P.No.2275 of 2016 VGI(CO) CA(18/02/2016) https://hcservices.ecourts.gov.in/hcservices/