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Madras High CourtCRL OP/5397/2016disposed of

Viswanathan v. State Rep. By

2016-03-31Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5397 of 2016 Viswanathan .. Petitioner Vs.

State rep. by Inspector of Police Nallur police station Namakkal District.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register a case based on the petitioner's complaint dated 23.09.2015 and investigate the same in accordance with law.

For Petitioner : Mr.T.Jeevanantham For Respondent : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking a direction to the respondent to register a case pertaining to the petitioner's complaint dated 23.09.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 23.09.2015, for which, C.S.R.No.202 of 2015 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.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that on the basis of the complaint given by the petitioner, C.S.R.No.202 of 2015 has been assigned.

4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, C.S.R.No.202 of 2015 has been assigned. Therefore, the https://hcservices.ecourts.gov.in/hcservices/

respondent is directed to conduct 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, Nallur police station, Namakkal District.

2.The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.T.Jeevanantham, Advocate Sr 20603 KR/6/4/16 Crl.O.P.No.5397 of 2016 https://hcservices.ecourts.gov.in/hcservices/