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Madras High CourtCRL OP/5573/2016disposed of

G.M. Syed Fasi Mohammed, v. State By The Inspector Of

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.5573 of 2016 G.M.Syed Fasi Mohameed .. Petitioner Vs.

State rep. by Inspector of Police P-2 Otteri police station Chennai.

(C.S.R.No.168/2016) .. 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 06.03.2016 in C.S.R.No.168/2016 and investigate the same in accordance with law. For Petitioner :Mr.E.Amul Prakash For Respondent :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 respondent to register a case pertaining to the petitioner's complaint dated 06.03.2016 in C.S.R.No.168 of 2016 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 respondent on 06.03.2016, for which, C.S.R.No.168 of 2016 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, petition enquiry in C.S.R.No.168 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.168 of 2016, the 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kj To 1.Inspector of Police P-2 Otteri police station Chennai.

2.The Public Prosecutor High Court, Chennai.

+1 cc to M/s.Camyles Gandthi Advocate sr.16176 Crl.O.P.No.5573 of 2016 aa17/03/2016 https://hcservices.ecourts.gov.in/hcservices/