Madras High CourtCRL OP/3301/2016disposed of

Sathiya v. The Superintendent Of Police

2016-04-04Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3301 of 2016 and Crl.M.P.No.3918 of 2016 Sathiya .. Petitioner Vs.

1.The Superintendent of Police, Nathimedu, Salem District.

2.The Inspector of Police, Karumalaikudal Police Station, Salem District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to register a case on the complaint of the petitioner dated 21.01.2016 in accordance with law and file a final report within a stipulated time. For Petitioner : Mr.S.Gunalan 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 respondents to register a case pertaining to the petitioner's complaint dated 21.01.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 21.01.2016. 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. https://hcservices.ecourts.gov.in/hcservices/

3. At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that on the basis of the complaint given by the petitioner, enquiry is pending 4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, as petition enquiry is pending, the respondents are 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. The petitioner is directed to co-operate for enquiry.

5.The Criminal Original Petition is disposed of with the above direction. As per the Honourable Apex Court, there is no necessity for intervention, before the case has been registered. Hence, the petition in Crl.M.P.No.3918 of 2016 stands dismissed. cse Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, Nathimedu, Salem District.

2.The Inspector of Police, Karumalaikudal Police Station, Salem District.

3.The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.S.Gunalan, Advocate Sr 21114 KR/12/4/16 Crl.O.P.No.3301 of 2016 and Crl.M.P.No.3918 of 2016 https://hcservices.ecourts.gov.in/hcservices/