G.Vivekananthan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.447 of 2016 G.Vivekananthan ... Petitioner Vs.

1.The Superintendent of Police Namakkal District.

2.The Inspector of Police Namakkal Police Station Namakkal.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to register the complaint of the petitioner dated 03.10.2015 and investigate the same in accordance with law.

For Petitioner : Mr.R.Nalliyappan 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 respondents to register a case pertaining to the petitioner's complaint dated 03.10.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 03.10.2015 and he has also filed an acknowledgment card to that effect. But the respondents have 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 there is no evidence to show that copy of the complaint has been furnished to the second respondent. If the petitioner would give fresh complaint to the second respondent, the respondents are ready to register the complaint by following the procedure. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the rival submissions made on both sides, the petitioner is directed to give a fresh complaint before the second respondent. On receipt of the same, the second respondent is directed to conduct 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(CS V) //True Copy// Sub Assistant Registrar kj To 1.The Superintendent of Police Namakkal District.

2.The Inspector of Police Namakkal Police Station Namakkal.

3.The Public Prosecutor High Court, Chennai.

+1cc to Mr.R.Nalliyappan, Advocate, S.R.No.8076 Crl.O.P.No.447 of 2016 MG(CO) CA(19/02/2016) https://hcservices.ecourts.gov.in/hcservices/