R.Dillibabu v. The State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2016 CORAM :

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM Crl.O.P.No.2745 of 2016 R.Dillibabu ... Petitioner Vs.

1. The State of Tamil Nadu, Rep.by the Superintendent of Police, Thiruvallur District.

2. The Inspector of Police, Vellavedu Police Station, Poonamallee Taluk, Thiruvallur District.

... Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent police to register the complaint, based on the complaint lodged by the petitioner dated 05.11.2015 in Reference No.790 of 2015 on the file of the respondent police.

For Petitioner : Mr.D.Nagarajan For Respondent : Mr.C.Emalias Additional 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 05.11.2015.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 05.11.2015, for which, C.S.R.No.301 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 https://hcservices.ecourts.gov.in/hcservices/

the complaint given by the petitioner, petition enquiry in C.S.R.No.301 of 2015 is going on.

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.301 of 2015, 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.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kkd To

1. The Superintendent of Police, Thiruvallur District.

2. The Inspector of Police, Vellavedu Police Station, Poonamallee Taluk, Thiruvallur District.

3. The Public Prosecutor High Court, Chennai.

Crl.O.P.No.2745 of 2016 NM(CO) CA(03/03/2016) https://hcservices.ecourts.gov.in/hcservices/