Patchirajan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3930 of 2016 Patchirajan .. Petitioner Vs.

State rep. by 1.Superintendent of Police Tirupur District.

2.Inspector of Police Udumalpet police station Tirupur District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent to register an F.I.R. based on the petitioner's complaint dated 10.12.2015. 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 respondents to register a case pertaining to the petitioner's complaint dated 10.12.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 10.12.2015 stating that the proposed accused received amount for getting job to the petitioner. But she neither returns back the amount nor gets the job to the petitioner. Hence, he lodged a complaint. 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.Learned Additional Public Prosecutor submits that both the parties were called for enquiry, during enquiry, counter petitioner stated that she is ready to settle the amount to the petitioner. But the petitioner has not accepted the same. Hence, the matter has been closed.

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4.Considering the rival submissions made on both sides, prima facie the counter petitioner received the amount for issuing appointment order to the petitioner, is proved. In such circumstances, the closure report furnished by the respondents is hereby set aside. The second respondent is directed to conduct 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(CO) //True Copy// Sub Assistant Registrar kj To 1.The Superintendent of Police Tirupur District.

2.Inspector of Police Udumalpet police station Tirupur District.

3.The Public Prosecutor High Court, Chennai.

+1 cc to Mr.M.N.Balakrishnan, Advocate, sr.11975 Crl.O.P.No.3930 of 2016 ksj co kra 01.03.2016 https://hcservices.ecourts.gov.in/hcservices/