Madras High CourtCRL OP/4021/2016disposed of

P.Nelson 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.4021 of 2016 P.Nelson .. Petitioner Vs.

1.The Commissioner of Police Vepery Greater Chennai Chennai.

2.The Deputy Commissioner Anna nagar, Chennai.

3.Inspector of Police Villivakkam police station Villivakkam.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the third respondent to register a case based on the petitioner's complaint dated 01.02.2016 given to the first respondent and investigate the same in accordance with law.

For Petitioner :Mr.T.Muruganantham 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 third respondent to register a case pertaining to the petitioner's complaint dated 01.02.2016.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the first respondent on 01.02.2016, for which, C.No.334 of 2016 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.

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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 in C.No.334 of 2016 is going on.

4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, as enquiry is going on in C.No.334 of 2016, the third 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(CCC) //True Copy// Sub Assistant Registrar kj To 1.The Commissioner of Police Vepery Greater Chennai Chennai.

2.The Deputy Commissioner Anna nagar, Chennai.

3.The Inspector of Police Villivakkam police station, Villivakkam.

4.The Public Prosecutor High Court, Chennai.

+1 cc to Mr.T.Muruganantham, Advocate, sr.11843 Crl.O.P.No.4021 of 2016 ksj co kra 01.03.2016 https://hcservices.ecourts.gov.in/hcservices/