Chetanram v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2016

CORAM

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3305 of 2016 Chetanram ... Petitioner Vs 1.The Commissioner of Police, Chennai City, Veppery, Chennai - 600 007.

2.The Inspector of Police, S-7, Madipakkam Police Station, Chennai.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the second respondent herein viz., the Inspector of Police, S-7, Madipakkam Police Station, Chennai to register a case on his complaint dated 02.01.2016 given to the respondent herein.

For Petitioner :

Mr.G.Jagadeesan For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the second respondent to register a case, based on the complaint of the petitioner dated 02.01.2016.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the respondent as early as on 02.01.2016, but, however, the respondent police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief.

3. Resisting the same, the learned Additional Public Prosecutor, on instructions, would submit that the second respondent police has not received any complaint so far. However, he fairly conceded that if the petitioner gives a fresh complaint before the respondent police, they will enquire the https://hcservices.ecourts.gov.in/hcservices/

said complaint and register a case, if any cognizable offence is made out.

4. Recording the submission of the learned Additional Public Prosecutor, this Court directs the petitioner to give a fresh complaint to the second respondent police within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the second respondent police 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/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar vsm To 1.The Commissioner of Police, Chennai City, Veppery, Chennai - 600 007.

2.The Inspector of Police, S-7, Madipakkam Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.G.Jagadeesan Advocate sr.27603/16 Crl.O.P.No.3305 of 2016 sv(co) aa17/05/2016 https://hcservices.ecourts.gov.in/hcservices/