Madras High CourtCRL OP/4175/2016disposed of

K.Muthu v. The State Rep. By

2016-02-25Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4175 of 2016 K.Muthu ... Petitioner Vs.

The State rep. by Inspector of Police, Suramangalam Police Station, Salem.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register the FIR on the basis of the petitioner's complaint dated 04.09.2015 pending before the Inspector of Police, Suramangalam Police Station, Salem.

For Petitioner : Mr.S.Sathyaraj For Respondent : Mr.C.Emalias Additional 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 04.09.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 04.09.2015, for which, C.S.R.No.479 of 2015 has been assigned. But the respondent 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 on the basis of the complaint given by the petitioner, petition enquiry in C.S.R.No.479 of 2015 is going on.

https://hcservices.ecourts.gov.in/hcservices/

4.Considering the rival submissions made on both sides, on the basis of the complaint given by the petitioner, as enquiry is going on in C.S.R.No.479 of 2015, the 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(CO) //True Copy// Sub Assistant Registrar kj To

1. The Inspector of Police, Suramangalam Police Station, Salem.

2. The Public Prosecutor High Court, Chennai.

+1cc to Mr.S.Sathyaraj, Advocate, S.R.No.11921 Crl.O.P.No.4175 of 2016 SCD(CO) CA(02/03/2016) https://hcservices.ecourts.gov.in/hcservices/