Madras High CourtCRL OP/3785/2016disposed of

L.Muruganandam v. State Rep. By

2016-02-22Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3785 of 2016 L.Muruganandam .. Petitioner Vs.

State rep. By 1.The Deputy Superintendent of Police, District Police Office, Kancheepuram District, Kancheepuram.

2.The Sub Inspector of Police, B6 Magaral Police Station, Kancheepuram District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to issue direction, directing the second respondent to register the FIR as per the complaint in C.S.R.No.280 of 2015 dated 27.12.2015 on the file of the second respondent. For Petitioner : Mr.G.K.Sekar 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 to register a case pertaining to the petitioner's complaint dated 27.12.2015 and to investigate and file a final report within the stipulated time. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the second respondent on 27.12.2015. But the second 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.

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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 in C.S.R.No.280 of 2015.

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.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar cse To 1.The Deputy Superintendent of Police, District Police Office, Kancheepuram District, Kancheepuram.

2.The Sub Inspector of Police, B6 Magaral Police Station, Kancheepuram District.

3.The Public Prosecutor High Court, Chennai.

1 cc to Mr.G.K. Sekar, Advocate, Sr. 11016 Crl.O.P.No.3785 of 2016 KSJ (CO) kk 26/2 https://hcservices.ecourts.gov.in/hcservices/