S. Shanmugam, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2016 CORAM :

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM Crl.O.P.No.3533 of 2016 S.Shanmugam .. Petitioner Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Police Department, Nehru Street, Puducherry.

2.The Station House Officer, Udayan Salai Police Station, Puducherry.

.. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the 2nd respondent to register the FIR based on the complaint dated 19.10.2015 sent by registered post, received by the respondents on 20.10.2015.

For Petitioner : Mr.G.Thangavel For Respondent : Mr.V.Balamurugan ` Addl.Public Prosecutor (Puducherry)

ORDER

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 19.10.2015.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the second respondent on 19.10.2015. 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, enquiry is going on. He would further submit that the petitioner did not co-operate with the enquiry.

https://hcservices.ecourts.gov.in/hcservices/

4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, as enquiry is going on, 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. The petitioner is directed to co-operate for enquiry.

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

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kkd To 1.The Superintendent of Police, Office of Superintendent of Police, Police Department, Nehru Street, Puducherry.

2.The Station House Officer, Udayan Salai Police Station, Puducherry.

3.The Public Prosecutor High Court, Chennai.

+1 cc to M/s.G.Thangavel Advocate sr.10157 Crl.O.P.No.3533 of 2016 aa27/02/2016 https://hcservices.ecourts.gov.in/hcservices/