Madras High CourtCRL OP/4098/2016disposed of

Mr.S.Durairaj v. The Inspector 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.4098 of 2016 S.Durairaj .. Petitioner .. Vs ..

The Inspector of Police, Acharapakkam Police Station, Acharapakkam, Kancheepuram District.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent to register the FIR based on the petitioner's complaint dated 28.01.2016 and proceed according to law. For Petitioner :

Mr.Thenmozhi Shiva Perumal For Respondent :

Mr.C.Emalias, Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the respondent to register the FIR based on the petitioner's complaint dated 28.01.2016 and proceed according to law.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the Superintendent of Police, Kancheepuram District, as early as on 28.01.2016, but, however, the police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief.

3. At this juncture, the learned Additional Public Prosecutor would submit that based on the complaint given by the petitioner in C.S.R.No.43/2016, petition enquiry is going on.

4. Considering the rival submission made on both sides, the respondent police 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.

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5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Jrl To

1. The Inspector of Police, Acharapakkam Police Station, Acharapakkam, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to MRs. Thenmozhi Shiva Perumal, Advocate Sr.11578 CRL.O.P.No.4098 of 2016 MP(CO) Eu 17.03.15 https://hcservices.ecourts.gov.in/hcservices/