Madras High CourtCRL OP/5274/2016disposed of

Thandapani v. The Inspector Of Police

2016-03-10Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5274 of 2016 Thandapani .. Petitioner Vs.

1.The Inspector of Police, Kadaladi police station, Thiruvannamalai District.

2.The Superintendent of Police, District Police Head Quarters, Thiruvannamalai District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to register a case based on the petitioner's complaint dated 20.02.2016 on the file of the first respondent and investigate the same in accordance with law.

For Petitioner : Mr.C.H.Vinobha Gandhi 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 pertaining to the petitioner's complaint dated 20.02.2016 on the file of the first 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 20.02.2016, for which, C.S.R.No.70 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.

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 C.S.R.No.70 of 2016 is going on.

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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.70 of 2016, the first 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, Kadaladi police station, Thiruvannamalai District.

2.The Superintendent of Police, District Police Head Quarters, Thiruvannamalai District.

3.The Public Prosecutor, High Court, Chennai. + 1 CC TO Mr.C.H.Vinobha Gandhi, Advocate Sr 15348 KR/15/3/16 Crl.O.P.No.5274 of 2016 https://hcservices.ecourts.gov.in/hcservices/