Madras High CourtCRL OP/4885/2016disposed of

Dr.Kumararani Meen Muthaiah v. The Commissioner Of Police

2016-03-04Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4885 of 2016 Dr.Kumararani Meena Muthaiah .. Petitioner Vs.

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai.

2.The Inspector of Police, E5 Pattinapakkam Police Station, Pattinapakkam, Chennai - 600 028. .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register and investigate the case in CSR No.53/2016 on the complaint dated 22.02.2016 and retrieve and secure the cars namely Mercedenz Benz bearing Registration number TN-06-R-6445 and Toyota Camry bearing Registration No.TN-06-P-6445 and hand over the same to the petitioner.

For Petitioner : Mr.N.R.Elango Senior Counsel for Mr.S.Sithirai Anandam For Respondent : Mr.C.Emalias Addl. 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 22.02.2016. 2.The learned senior counsel for the petitioner submitted that the petitioner has lodged a complaint before the second respondent on 22.02.2016, for which, C.S.R.No.53 of 2016 has been assigned. 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. https://hcservices.ecourts.gov.in/hcservices/

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.53 of 2016 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.53 of 2016, 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/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar cse To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai.

2.The Inspector of Police, E5 Pattinapakkam Police Station, Pattinapakkam, Chennai - 600 028.

3.The Public Prosecutor High Court, Chennai.

1 cc to Mr.S. Sithirai Anandan, Advocate,Sr. 14284 Crl.O.P.No.4885 of 2016 LRS (CO) kk 8/3 https://hcservices.ecourts.gov.in/hcservices/