Madras High CourtCRL OP/4656/2016disposed of

M.Vimala v. The State Rep. By

2016-03-07Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4656 of 2016 M.Vimala W/o.S.Murugesan ... Petitioner Vs.

1. The State rep by Deputy Superintendent of Police, Kancheepuram District.

2. State rep. by The Inspector of Police, Orathi Police Station, Orathi, Kancheepuram District.

... Respondents Prayer:

Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to investigate the complaint dated 07.10.2015 in accordance with law expeditiously and consequently direct the 1st respondent to monitor the investigation of the same.

For Petitioner : Mr.Kaviyanathan for M/s.Nathan and Associates 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 expeditiously investigate the petitioner's complaint dated 07.10.2015 and consequently, direct the 1st respondent to monitor the investigation of the same.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the second respondent on 07.10.2015, for which, CSR No.98/2015 has been assigned. But https://hcservices.ecourts.gov.in/hcservices/

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 Prosecutor, on instructions, would submit that on the basis of the complaint given by the petitioner, petition enquiry in CSR No.98/2015 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 CSR No.98/2015, 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. The petitioner is also directed to co-operate for enquiry. 5.The Criminal Original Petition is disposed of with the above direction.

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

1. The Deputy Superintendent of Police, Kancheepuram District.

2. The Inspector of Police, Orathi Police Station, Orathi, Kancheepuram District.

3. The Public Prosecutor High Court, Chennai.

+1cc to M/s.Nathan and Associates, Advocate, S.R.No.14935 Crl.O.P.No.4656 of 2016 KGK(CO) CA(18/03/2016) https://hcservices.ecourts.gov.in/hcservices/