Madras High CourtCRL OP/5064/2016disposed of

Prince M.Luka 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.5064 of 2016 Prince M.Luka Manager M/s.Southshore Ice Creams (P) Ltd., Attayampalayam Erode - 638102.

.. Petitioner Vs.

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

2.State rep. by The Inspector of Police, Chithode Police Station, Erode District.

.. Respondents Prayer:

Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register the the complaint against the proposed named person on the basis of the complaint given by the petitioner to the 2nd respondent in CSR No.20/2016 dated 19.01.2016 and investigate the matter in accordance with law.

For Petitioner : Mr.C.S.Saravanan For Respondents : 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 19.01.2016. https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the second respondent on 09.02.2016, for which, CSR No.20/2016 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.

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.20/2016 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 CSR No.20/2016, 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. 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(CO) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Erode District, Erode.

2.The Inspector of Police, Chithode Police Station, Erode District.

3.The Public Prosecutor High Court, Chennai.

+1cc to M/S.C.S.Saravanan, Advocate Sr.14467 Crl.O.P.No.5064 of 2016 srg(17/03/2016) https://hcservices.ecourts.gov.in/hcservices/