V.Rubasthri v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4892 of 2016 V.Rubasthri .. Petitioner Vs.

1.The State Represented by;

Superintendent of Police (North), Office of the Superintendent of Police (North), Jawaharlal Nehru Street, Pondicherry 605 001.

2.The Inspector of Police, Office of the Inspector of Police, A-2, Muthialpet Police Station, M.G.Road, Pondicherry 605 003.

3.Princilla Victor 4.Victor Vijayaraj .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st and 2nd respondent police to register the FIR in terms of the petitioner's complaint dated 28.09.2015 which this petitioner lodged as against the 3rd and 4th respondents.

For Petitioner : Mr.M.C.Govindan For Respondents : Mr.M.R.Thangavel Addl. Public Prosecutor(Pondy)

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 28.09.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the second respondent

on 28.09.2015, for which, C.S.R.No.65 of 2015 has been assigned. 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 on the basis of the complaint given by the petitioner, petition enquiry in C.S.R.No.65 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.65 of 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.

cse Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police (North), Office of the Superintendent of Police (North), Jawaharlal Nehru Street, Pondicherry 605 001.

2.The Inspector of Police, Office of the Inspector of Police, A-2, Muthialpet Police Station, M.G.Road, Pondicherry 605 003.

3.The Public Prosecutor, High Court, Chennai. + 2 CCS M/S.M.C.GOVINDAN, ADVOCATE SR 13966 KR/11/3/16 Crl.O.P.No.4892 of 2016

04.03.2016