Madras High CourtCRL OP/5167/2016disposed of

Mrs.V.Bhuvaneshwari v. State By

2016-04-05Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.5167 of 2016 V.Bhuvaneshwari ..Petitioner Vs.

1.State rep.by The Commissioner of Police, Vepery, Chennai-8.

2.The Inspector of Police, J-5, Shasthri Nagar Police Station, Chennai.

..Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondents to register the complaint and investigate the case on the basis of the complaint given by the petitioner dated 23.01.2016. For Petitioner : Mr.N.Chandrasekaran For Respondents : 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 respondents to register the complaint and investigate the case on the basis of the complaint given by the petitioner dated 23.01.2016. 2.The learned counsel appearing for the petitioner submitted that the counter petitioner has fabricated the documents, as if he is the owner of the property and obtained documents and constructed house in the public Road. Even though the 1st respondent received the complaint dated 23.01.2016, he has not taken any steps to enquire the matter and to register an FIR. Hence, the petitioner has come forward with this petition for the above stated relief. 3.At this juncture, the learned Additional Public Prosecutor submitted that the complaint has been given to the 1st respondent and they are not able to locate the same. He https://hcservices.ecourts.gov.in/hcservices/

further submitted that if the petitioner would give a fresh complaint, the respondents may look into the same. 4.Therefore, the petitioner is directed to give a fresh complaint to the 2nd respondent and on receipt of the same, the 2nd respondent is directed to conduct enquiry, expedite the same 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 Criminal Original Petition is disposed of with the above direction.

mps Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Commissioner of Police, Vepery, Chennai-8.

2.The Inspector of Police, J-5, Shasthri Nagar Police Station, Chennai.

3.The Public Prosecutor, Madras High Court, Madras.

+ 1 cc to Mr.N.Chandrasekaran, Advocate Sr 21231 KR/20/4/16 Crl.O.P.No.5167 of 2016 https://hcservices.ecourts.gov.in/hcservices/