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Madras High CourtCRL OP/4097/2016disposed of

Dr.K.R.Ramaswamy @ v. The Assistant Commissioner Of

2016-03-04Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4097 of 2016 Dr.K.R.Ramaswamy @ Traffic Ramaswamy .. Petitioner Vs.

The Assistant Commissioner of Police Guindy Range, Chennai.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register the complaint given by the petitioner dated 14.10.2015 and investigate the same in accordance with law.

For Petitioner :Mr.B.Ganesan 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 respondent to register a case pertaining to the petitioner's complaint dated 14.10.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 14.10.2015. Even though the respondent has received the complaint, he 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. 3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that even though Inspector of Police refused to receive postal receipt, the Assistant Commissioner of Police, Guindy Range, received the same and due to the flood, the said complaint was lost. If the petitioner would give a fresh complaint, it can be considered in accordance with law.

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4.Considering the rival submissions made on both sides, the petitioner is directed to give fresh complaint to the respondent and the respondent is directed to conduct enquiry and expedite the same 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kj To 1.The Assistant Commissioner of Police Guindy Range, Chennai.

2.The Public Prosecutor High Court, Chennai.

Crl.O.P.No.4097 of 2016 lrs(co) aa08/03/2016 https://hcservices.ecourts.gov.in/hcservices/