K.Perumal v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3032 of 2016 and Crl.M.P.No.1550 of 2016 K.Perumal .. Petitioner Vs.

1.State of Tamil Nadu Represented by Secretary Home Department, Fort St.George, Chennai 600 009.

2.The Director General of Police, Tamil Nadu Government, Police Head Quarter, Chennai 600 004.

3.The Superintendent of Police, Namakkal District, Thiruchengodu Road, Namakkal 637 003.

4.The Inspector of Police, Namakkal Police Station, Namakkal 637 001.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 3rd and 4th respondents to register the First Information Report on the basis of the complaint dated 13.01.2016 made by the petitioner and further direct the 1st and 2nd respondents to provide a list of senior officers, for constituting a Special Investigating Team by this court, for conducting effective investigation as per law.

For Petitioner : Mr.P.Rathinam For Respondents : 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 fourth respondent to

register a case pertaining to the petitioner's complaint dated 13.01.2016 and also to direct the 1st and 2nd respondents to provide a list of senior officers, for constituting a Special Investigating Team by this court, for conducting effective investigation as per law. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the fourth respondent on 13.01.2016, for which, C.S.R.No.26 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 the complaint given by the petitioner, petition enquiry in C.S.R.No.26 of 2016 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.26 of 2016, 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. Consequently, connected Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar cse To 1.The Secretary to Government of Tamilnadu Home Department, Fort St.George, Chennai 600 009.

2.The Director General of Police, Tamil Nadu Government, Police Head Quarter, Chennai 600 004.

3.The Superintendent of Police, Namakkal District, Thiruchengodu Road, Namakkal 637 003.

4.The Inspector of Police, Namakkal Police Station, Namakkal 637 001.

5.The Public Prosecutor High Court, Chennai.

Crl.O.P.No.3032 of 2016 SVI (CO) kk 23/2