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Madras High CourtCRL OP/4015/2016disposed of

Mr. S. Sagayanathan, v. The Commissioner Of Police,

2016-02-24Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4015 of 2016 S.Sagayanathan .. Petitioner Vs.

1.The Commissioner of Police Office of the Commissioner Vepery, Chennai.

2.Inspector of Police H-8, Tiruvottriyur police station Tiruvottriyur, Chennai-19.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent to register a case based on the petitioner's complaint dated 22.10.2015 and the same was under CSR/1451/H8/2015 and investigate the same in accordance with law and file a final report.

For Petitioner :Mr.M.Simon 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 2nd respondent to register a case pertaining to the petitioner's complaint dated 22.10.2015 in CSR/1451/H8/2015.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 22.10.2015, for which, CSR/1451/H8/2015 has been assigned. 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 in CSR/1451/H8/2015 is going on.

4.Considering the rival submissions made on both sides, https://hcservices.ecourts.gov.in/hcservices/

on the basis of the complaint given by the petitioner, as enquiry is going on in CSR/1451/H8/2015, the 2nd 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 VI) //True Copy// Sub Assistant Registrar kj To 1.The Commissioner of Police Office of the Commissioner Vepery, Chennai.

2.Inspector of Police H-8, Tiruvottriyur police station Tiruvottriyur, Chennai-19.

3.The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.M. Simon, Advocate Sr.11560 Crl.O.P.No.4015 of 2016 JSV(CO) EU 1.03.16 https://hcservices.ecourts.gov.in/hcservices/