Madras High CourtCRL OP/2763/2016disposed of

M/S.Magma Fincorp Ltd., v. The Officer In Charge

2016-02-09Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.2763 of 2016 M/s.Magma Fincorp Limited, Navin's Presidum, 7A, B Block, New No.17-19, OldNo.103, Nelson Manickam Road, Chennai - 29.

Rep. By its Assistant Manager Mr.Suresh Kumar.

.. Petitioner Vs.

The Officer in Charge K3 Police Station (Crime) Aminjikarai, Chennai - 600 029.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent police to register the complaint of the petitioner dated 08.01.2016. For Petitioner :Mr.M.Arunachalam 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 respondent police to register a case pertaining to the petitioner's complaint dated 08.01.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 08.01.2016, for which, C.S.R.No.15 of 2016 has been assigned. But the 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, C.S.R.No.15 of 2016 has been given and twice summons were issued to the proposed accused. But the address of the proposed accused furnished by the petitioner is wrong and therefore, they were unable to serve summons to the proposed accused. Hence, they are not in a position to make an enquiry.

4.Considering the rival submissions made on both sides, the petitioner is directed to furnish the correct address of the respondent/Hirer. After receipt of the correct address, the 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.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar cse To 1.The Officer in Charge K3 Police Station (Crime) Aminjikarai, Chennai - 600 029.

2.The Public Prosecutor High Court, Chennai.

+1 cc to M/s.M.Arunachalam Advocate sr.8381 Crl.O.P.No.2763 of 2016 aa19/02/2016 https://hcservices.ecourts.gov.in/hcservices/