Madras High CourtCRL OP/5143/2016disposed of

M.Kamaraj v. The State Rep By

2016-03-08Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5143 of 2016 M.Kamaraj .. Petitioner Vs.

The Inspector of Police, Anupparpalayam police station Anupparpalayam, Tiruppur District.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register the F.I.R. on the petitioner's complaint dated 28.02.2016 in C.S.R.No.109 of 2016 before the Metropolitan Magistrate Court concerned. For Petitioner :Mr.M.Karthikeyan 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 respondent to register a case based on the petitioner's complaint dated 28.02.2016 in C.S.R.No.109 of 2016 and investigate the same in accordance with law.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 28.02.2016, for which, C.S.R.No.109 of 2016 has been assigned. But the 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.Learned Additional Public Prosecutor would submit that on the basis of the complaint given by the petitioner, petition enquiry is going on in C.S.R.No.109 of 2016. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the rival submissions made on both sides, on the basis of the complaint given by the petitioner, as enquiry is going on in C.S.R.No.109 of 2016, the 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.

kj Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, Anupparpalayam police station, Anupparpalayam, Tiruppur District.

2.The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.M.Karthikeyan, Advocate Sr 14741 KR/15/3/16 Crl.O.P.No.5143 of 2016 https://hcservices.ecourts.gov.in/hcservices/