Madras High CourtCRL OP/3668/2016disposed of

P.Muthusamy v. The Superintendent Of Police

2016-02-19Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3668 of 2016 P.Muthusamy .. Petitioner Vs.

1. The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police, Modakurichi Police Station, Erode District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to issue direction, directing the respondents to register the case on the petitioner's complaint dated 03.02.2016 and consequently direct the 2nd respondent herein to investigate the same in accordance with law.

For Petitioner : Mr.M.Guruprasad 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 second respondent police to register a case pertaining to the petitioner's complaint dated 03.02.2016 and to investigate the same.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the second respondent on 03.02.2016. 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.

3.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 is pending.

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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 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.

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

kkd s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To

1. The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police, Modakurichi Police Station, Erode District.

3. The Public Prosecutor High Court, Chennai.

+ 1 cc to M/s.M.Guruprasad, Advocate SR 10928 sai(co) prk27/2 Crl.O.P.No.3668 of 2016 https://hcservices.ecourts.gov.in/hcservices/