Madras High CourtCRL OP/3361/2016disposed of

Mr.Kharthik Gounder v. The State Of Tamil Nadu

2016-04-21Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.3361 of 2016 Mr.Kharthik Gounder ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by Commissioner of Police, City Police Officer Campus, Hosur Road, Gopalapuram, Near Collectorate Office, Coimbatore - 641 018.

2.The Inspector of Police City Crime Branch, Coimbatore City, Coimbatore.

(R2 impleaded as per the order of this Court dated 21.04.2016 made in Crl.M.P.No.4742 of 2016 in Crl.O.P.No.3361 of 2016) ... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue direction to the respondent to depute the Investigating Officer and register the FIR and investigate the offences disclosed in the complaint dated 02.02.2016 given by the petitioner.

For Petitioner : Mr.T.Thiageswaran For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the respondent to depute the Investigating Officer and register the FIR and investigate the offences disclosed in the complaint dated 02.02.2016 given by the petitioner. https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent police on 02.02.2016, 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, investigation is going on. 4.Considering the rival submissions made on both sides, on the basis of the complaint given by the petitioner as investigation is going on, 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. The petitioner is directed to appear before the second respondent on 28.04.2016 along with all the relevant documents. 5.With the above direction, this Criminal Original Petition is disposed of.

pri s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1.The Commissioner of Police, City Police Officer Campus, Hosur Road, Gopalapuram, Near Collectorate Office, Coimbatore - 641 018.

2.The Inspector of Police City Crime Branch, Coimbatore City, Coimbatore.

3.The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.T.Thiageswarn, Advocate SR 24626 nrjk(co) prk28/4 Crl.O.P.No.3361 of 2016 https://hcservices.ecourts.gov.in/hcservices/