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Madras High CourtCRL OP/228/2016disposed of

T.V.Sivagami v. The Commissioner Of Police

2016-02-05Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.228 of 2016 T.V.Sivagami .. Petitioner Vs.

1. The Commissioner of Police, Commissioner Office, Egmore, Chennai.

2. The Inspector of Police, F.1 Chintadripet, Chennai - -2.

3. R.Balaji

4. B.Duraivelu

5. Padma Aiswarya .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register the FIR as per the complaint of the petitioner dated 22.12.2015 and investigate the same in accordance with law.

For Petitioner : Mr.S.Veeraraghavan For Respondents 1 & 2 : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition for a direction to the second respondent to register the FIR on the basis of the complaint given by him on 22.12.2015 stating that her brother-in-law is abusing her. But the second respondent has not shown any interest to enquire the matter and register the case. Hence, the petitioners have come forward with this petition for the above stated direction.

2. Resisting the same, the learned Additional Public Prosecutor would submit that the complaint has been sent by post. But the documents filed on behalf of the petitioner would show that the item has been delivered.

https://hcservices.ecourts.gov.in/hcservices/

3. In such circumstances, it is a fit case to give a direction to the second respondent to register the case.

4. Hence, the second respondent is directed to conduct enquiry on the basis of the complaint given by the petitioner dated 22.12.2015 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, the Criminal Original Petition is disposed of.

vrc s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Commissioner Office, Egmore, Chennai.

2. The Inspector of Police, F.1 Chintadripet, Chennai - -2.

3. The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.S.Veeraraghavan, Advocate SR 7598 kji(co) prk16/2 Crl.O.P.No.228 of 2016 https://hcservices.ecourts.gov.in/hcservices/