S.Sundararaj v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4312 of 2016 S.Sundararaj ... Petitioner Vs.

State rep. By

1. Commissioner of Police, Greater Chennai, Commissioner of Police Office, Vepery, Chennai - 600 007.

2. The Assistant Commissioner of Police, Madipakkam Police Station, Madipakkam, Chennai - 600 091.

3. The Inspector of Police (Law and Order) Pallikaranai Police Station, Pallikaranai.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to conduct enquiry in the complaint dated 25.09.2015 given by the petitioner and register the FIR.

For Petitioner : Mr.P.S.Ganesh 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 second respondent police to register a case pertaining to the petitioner's complaint dated 25.09.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the third respondent on 25.09.2015, for which, C.S.R.No.830 of 2015 has been assigned. But the third respondent has not shown any interest to enquire https://hcservices.ecourts.gov.in/hcservices/

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.830 of 2015 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.S.R.No.830 of 2015, 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(CO) //True Copy// Sub Assistant Registrar cse To

1. The Commissioner of Police, Greater Chennai, Commissioner of Police Office, Vepery, Chennai - 600 007.

2. The Assistant Commissioner of Police, Madipakkam Police Station, Madipakkam, Chennai - 600 091.

3. The Inspector of Police (Law and Order) Pallikaranai Police Station, Pallikaranai.

4. The Public Prosecutor High Court, Chennai.

+1cc to Mr.P.S.Ganesh, Advocate, S.R.No.12066 Crl.O.P.No.4312 of 2016 SCD(CO) CA(02/03/2016) https://hcservices.ecourts.gov.in/hcservices/