Madras High CourtCRL OP/5021/2016disposed of

S.J.Sakthivel v. The Superintendent Of Police

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.5021 of 2016 1.S.J.Sakthivel 2.S.Ramesh .. Petitioners Vs.

1.The Superintendent of Police, Erode District, Erode.

2.The Inspector of Police, District Crime Branch, Erode.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register the petitioner's complaint dated 09.10.2015 as an FIR against the counter party by name S.M.Vennila and A.C.Venkateswaran. For Petitioners : Mr.E.J.Ayyappan For Respondents : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioners have come forward with this petition seeking for a direction to the second respondent to register a case pertaining to the petitioners' complaint dated 09.10.2015. 2.The learned counsel for the petitioners submitted that the petitioners have lodged a complaint before the second respondent on 09.10.2015. But the second respondent has not shown any interest to enquire the matter and register the case. Hence, the petitioners have 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 petitioners, enquiry is going on. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioners, as enquiry is going on, 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.

cse Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, Erode District, Erode.

2.The Inspector of Police, District Crime Branch, Erode.

3.The State rep. by The Sub-Inspector of Police, Ramanatham Police Station, Tittagudi Taluk, PIN:606 303.

Cuddalore District.

4.The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.E.J.Ayyappan, Advocate Sr 14748 KR/11/3/16 Crl.O.P.No.5021 of 2016 https://hcservices.ecourts.gov.in/hcservices/