Madras High CourtCRL OP/3059/2016disposed of

S.Kannan v. The Commissioner Of Police

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.3059 of 2016 S.Kannan .. Petitioner/Defacto Complainant Vs.

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

2.The Inspector of Police, Team XVIII, Central Crime Branch, O/o.The Commissioner of Police, Vepery, Chennai 600 007. .. Respondents/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent police to register the FIR based on the complaint dated 05.06.2015 lodged by the petitioner before the 1st respondent and further to carryout investigation according to law.

For Petitioner: Mr.S.Jayakumar 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 second respondent Police to register a case pertaining to the petitioner's complaint dated 05.06.2015.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the second respondent on 05.06.2015, for which, C.S.R.No.938 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.938 of 2015 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.938 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 IV) //True Copy// Sub Assistant Registrar cse To 1.The Commissioner of Police, Chennai City, Vepery, Chennai 600 007.

2.The Inspector of Police, Team XVIII, Central Crime Branch, O/o.The Commissioner of Police, Vepery, Chennai 600 007.

3.The Public Prosecutor High Court, Chennai.

+ 1 cc to MR.S. Jayakumar, Advocate Sr.8924 Crl.O.P.No.3059 of 2016 MSM(CO) Eu 22.02.16 https://hcservices.ecourts.gov.in/hcservices/