Madras High CourtCRL OP/3053/2016disposed of

Mrs.M.J.Divya v. State Rep By

2016-02-11Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3053 of 2016 M.J.Divya .. Petitioner Vs.

1.State rep.by The Commissioner of Police, The Office of Commissioner of Police, Vepery, Chennai.

2.State rep.by The Inspector of Police, W.18, All Women Police Station, M.K.B.Nagar, Chennai District.

3.State rep.by The Inspector of Police, All Women Police Station, Vandavasi, Thiruvannamalai District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent police to register a case on the petitioner's complaint dated 03.11.2015 vide CSR.No.293 of 2015 given before the All Women Police, Vandavasi, Thiruvannamalai District, the 3rd respondent herein, subsequently transferred to the 2nd respondent police and investigate the same in accordance with law.

For Petitioner: Mr.V.R.Appaswamee 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 third respondent Police to register a case pertaining to the petitioner's complaint dated 03.11.2015 and investigate the same.

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2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the third respondent on 05.06.2015, for which, C.S.R.No.293 of 2015 has been assigned. But the respondents have 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.293 of 2015 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.293 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 //True Copy// Sub Assistant Registrar cse To 1.The Commissioner of Police, The Office of Commissioner of Police, Vepery, Chennai.

2.The Inspector of Police, W.18, All Women Police Station, M.K.B.Nagar, Chennai District.

3.The Inspector of Police, All Women Police Station, Vandavasi, Thiruvannamalai District.

4.The Public Prosecutor High Court, Chennai.

+1 cc to M/s.V.R.Appaswamee, Advocate, sr.8936 Crl.O.P.No.3053 of 2016 mp co kra 18.02.2016 https://hcservices.ecourts.gov.in/hcservices/