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Madras High CourtCRL OP/4321/2016disposed of

R.S.Kumar v. The District Superintendent Of

2016-02-26Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4321 of 2016 R.S.Kumar ... Petitioner/Defacto Complainant Vs.

1. The District Superintendent of Police, Thiruvarur District at Thiruvarur.

2. The Inspector of Police, Mannargudy Town Police Station, Thiruvarur District.

... Respondents/Complainants Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent herein viz., the Inspector of Police, Mannargudy Town Police Station, Thiruvarur District to register a case on the complaint given by him to the respondents herein by RPAD on 01.02.2016.

For Petitioner : Mr.T.Shanmugam For Respondents : 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 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 second respondent by RPAD on 01.02.2016. But the second 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 https://hcservices.ecourts.gov.in/hcservices/

Prosecutor, on instructions, would submit that on the basis of the complaint given by the petitioner, enquiry 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, the second 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 District Superintendent of Police, Thiruvarur District at Thiruvarur.

2. The Inspector of Police, Mannargudy Town Police Station, Thiruvarur District.

3. The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.T.Shanmugam, Advocate Sr 3069 (9/3/16) Crl.O.P.No.4321 of 2016 VS(CO) CA(02/03/2016) https://hcservices.ecourts.gov.in/hcservices/