Mr. M. Mageshkumar, v. Union Territory Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3676 of 2016 M.Mageshkumar .. Petitioner Vs.

1.Union Territory of Puducherry rep. by the Inspector General of Police (IGP) Office of the Inspector General of Police Puducherry.

2.The Senior Superintendent of Police (Law and Order)Office of the Superintendent of Police Puducherry.

3.The Superintendent of Police (Rural) Thavalakuppam police station 1st floor Thavalakuppam, Puducherry.

4.The Circle Inspector of Police Bhagore police station Bhagore, Puducherry-607 402.

5.The Station House Officer (SHO) Kirumampakkam Police Station, Puducherry - 607 402* .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the fifth respondent to register FIR on the petitioner's complaint dated 27.10.2015 by strictly following ratio/guide lines laid down/framed by the Honourable Apex Court in Lalitha Kumari's case reported in 2013 (6) CTC 353.

For Petitioner:Mr.Prakash Adiapadam For Respondent:Mr.V.Balamurugane Addl. Public Prosecutor (Pondicherry)

O R D E R

The petitioner has come forward with this petition seeking for a direction to the fifth respondent to register a

case pertaining to the petitioner's complaint dated 27.10.2015.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 27.10.2015. 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 (Pondicherry) on instructions, would submit that on the basis of the complaint given by the petitioner, petition enquiry is going on.

4.Considering the rival submissions made on both sides, on the basis of the complaint given by the petitioner, as enquiry is going on, the fifth 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.

Sd/- Assistant Registrar(CS II) dt. 28.07.2016 Corrected as per the order of this Court dated 13.07.2016 and made herein Sd/- Assistant Registrar(CS VII) dt. 21.08.2016 //True Copy// Sub Assistant Registrar kj To 1.Union Territory of Puducherry rep. by To be substituted the Inspector General of Police (IGP) to the order Office of the Inspector General of Police already despatched Puducherry.

on 24.03.2016 and made herein 2.The Senior Superintendent of Police (Law and Order) Puducherry.

3.The Superintendent of Police (Rural) Thavalakuppam police station 1st floor Thavalakuppam, Puducherry.

4.The Circle Inspector of Police Bhagore police station Bhagore, Puducherry-607 402.

5.The Station House Officer (SHO) Kirumampakkam police station Puducherry - 607 462* 6.The Public Prosecutor High Court, Pondicherry.

+ 1 cc to MR.Prakash Adiyapatham, Advocate SR.16835 Crl.O.P.No.3676 of 2016 TEJ(CO) Eu 07.09.16