Madras High CourtCRL OP/5529/2016disposed of

A.Sindhu v. State Rep. By

2016-03-14Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.5529 of 2016 A.Sindhu ... Petitioner Vs.

State represented by Additional Commissioner of Police, Central Crime Branch Vepery, Chennai 7.

... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue direction to the respondent to register the complaint dated 22.09.2015 given by the petitioner herein to the respondent.

For Petitioner : Mr.T.Surendran For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the the respondent to register the complaint dated 22.09.2015 given by the petitioner herein to the respondent. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 22.09.2015 and C.No.230 of 2015 was also 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.Resisting the same, the learned Additional Public Prosecutor, on instructions, would submit that on behalf of the petitioner one Advocate appeared and given statement that he has produced document, but not turned up and hence, the petition was closed on 08.12.2015 and prayed for dismissal of the petition. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the rival submissions made on both sides, this Court feels that merely, the petitioner has not produced the document for enquiry, is not a ground for closure of a complaint. Hence the closure report is set aside and respondent police 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. The petitioner is directed to appear before the respondent police on 29.03.2016 along with all the documents. The petitioner is also directed to co-operate for enquiry on the subsequent days if her presence is necessary. 5.With the above direction, this Criminal Original Petition is disposed of.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar pri To 1.The Additional Commissioner of Police, Central Crime Branch Vepery, Chennai 7.

2.The Public Prosecutor High Court, Madras.

+1 cc to M/s.D.Surrendaran Advocate sr.16095 Crl.O.P.No.5529 of 2016 aa28/03/2016 https://hcservices.ecourts.gov.in/hcservices/