Madras High CourtCRL OP/5145/2016disposed of

R.Raja v. 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.5145 of 2016 R.Raja .. Petitioner Vs.

1.State rep. by The Superintendent of Police, Office of Superintendent of Police, Thiruvarur.

2. The Inspector of Police, Kottur Police station, Kottur, Thiruvarur District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to directing the respondents to register FIR based on the complaint given by the petitioner dated 11.01.2016 in CSR No.43 of 2016 on the file of the second respondent for the offences under Sections 341, 448, 294(b) and 506(i) IPC and expedite the investigation within the stipulated time. For Petitioner :Mr.M.Govindaraju 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 respondents to register a case based on the petitioner's complaint dated 11.01.2016 in C.S.R.No.43 of 2016 on the file of the second respondent 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 respondents on 11.01.2016, for which, C.S.R.No.43 of 2016 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.

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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.43 of 2016. 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.43 of 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.

5. The Criminal Original Petition is disposed of with the above direction.

kj Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, Office of Superintendent of Police, Thiruvarur.

2.The Inspector of Police, Kottur Police station, Kottur, Thiruvarur District.

3. The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.M.Govindaraju, Advocate Sr 14839 KR/14/3/16 Crl.O.P.No.5145 of 2016 https://hcservices.ecourts.gov.in/hcservices/