Madras High CourtCRL OP/2550/2016disposed of

V.Madhava Rao v. The Commissioner Of Police

2016-02-17Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2016 CORAM :

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM Crl.O.P.No.2550 of 2016 V.Madhava Rao .. Petitioner Vs.

1. The Commissioner of Police, Chennai City, Vepery, Chennai 600 007.

2. The Inspector of Police, K-11, C.M.B.T.Police Station, Koyambedu, Chennai. .. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent to register a case on the complaint dated 13.11.2015 in C.S.R.No.448 of 2015 as common CSR given to the petitioner.

For Petitioner : Mr.V.Devendhiran For Respondent : Mr.C.Emalias Addl Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking for a direction to the second respondent police to register a case pertaining to the petitioner's complaint dated 13.11.2015.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 13.11.2015, for which, C.S.R.No.448 of 2015 has been assigned. But the second respondent has 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. 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.448 of 2015 is going on.

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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.448 of 2015, the first 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.

kkd s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Chennai City, Vepery, Chennai 600 007.

2. The Inspector of Police, K-11, C.M.B.T.Police Station, Koyambedu, Chennai.

3. The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.V.Devendhiran, Advocate Sr 2560 (11/3/16) sai(co) prk27/2 Crl.O.P.No.2550 of 2016 https://hcservices.ecourts.gov.in/hcservices/