Madras High CourtCRL OP/3366/2016disposed of

R.Senkaliappan v. State Rep. By

2016-02-16Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3366 of 2016 R.Senkaliappan .. Petitioner Vs.

State rep.by The Sub Inspector of Police, Pollachi Taluk Police Station, Pollachi, Coimbatore.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register the complaint against the said persons Sabareeswaran and P.R.Pulp on the basis of the complaint given by the petitioner to the respondent dated 23.11.2015 and investigate the matter in accordance with law. For Petitioner : Mr.M.N.Balakrishnan For Respondent : 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 respondent police to register a case pertaining to the petitioner's complaint dated 23.11.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 23.11.2015, for which, C.S.R.No.221 of 2015 has been assigned. 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. 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.221 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.221 of 2015, the 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. The petitioner is directed to co-operate for enquiry.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar kkd To 1.The Sub Inspector of Police, Pollachi Taluk Police Station, Pollachi, Coimbatore.

2.The Additional Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.M.N. Balakrishnan, Advocate Sr.9846 Crl.O.P.No.3366 of 2016 KK(CO) EU 26.02.16 https://hcservices.ecourts.gov.in/hcservices/