Madras High CourtCRL OP/4979/2016disposed of

A. Rahumath Nisha v. The Inspector Of Police,

2016-03-22Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition No. of 4979 of 2016 A.Ragumath Nisha : Petitioner Vs.

The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai-600 081.

: Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the the respondent police to register a case on the basis of the complaint of the petitioner dated 29.02.2016.

For Petitioner :Mr.K.A.Mariappan 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, directing the respondent police to register a case, on the basis of the complaint given by her, dated 29.02.2016.

2.The learned counsel for the petitioner would submit that the petitioner has given a complaint to the respondent on 29.02.2016, but the respondent police had not taken any steps to register a case and 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 upon receipt of the complaint by way of CSR No.88 of 2016, the petitioner has been summoned to the police station, but the petitioner has refused to receive the same and she did not co-operate with the respondent police and hence, the same has been closed. 4.

Considering the rival submission made by the learned Additional Public Prosecutor and the non-appearance of the petitioner to the respondent, CSR No.88 of 2015 has been closed, it is a fit case to re-open the closure report. Hence, https://hcservices.ecourts.gov.in/hcservices/

the petitioner is directed to appear before the respondent police on 31.03.2016 along with relevant documents and the respondent police 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(AS) //True Copy// Sub Assistant Registrar kal To

1. The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai-600 081.

2.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.K.A. Marriappan, Advocate, S.R.No.18147 RSY(CO) EU(06/04/2016) Crl.O.P.No.4979 of 2016 https://hcservices.ecourts.gov.in/hcservices/