Madras High CourtCRL OP/5594/2016disposed of

C.R.Dharmalingam v. The Commissioner Of Police

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.5594 of 2016 C.R.Dharmalingam .. Petitioner Vs.

1.The Commissioner of Police, Salem District, Salem.

2.The Inspector of Police, Alagapuram police station, Salem District, Salem.

3.The Inspector of Police, Shevapet police station, Salem District, Salem.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register a case on the basis of the petitioner's complaint dated 12.02.2016 and investigate the same in accordance with law. For Petitioner : Mr.K.Mahendran For Respondents : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking a direction to the second respondent to register a case based on the petitioner's complaint dated 12.02.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 12.02.2016. 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.Learned Additional Public Prosecutor, on instructions, would submit that there is no such complaint received by the https://hcservices.ecourts.gov.in/hcservices/

respondents. The document filed by the petitioner itself shows that the complaint sent to the second respondent has been returned. He would further submit that if the petitioner would give fresh complaint, they can look into the same. 4.Considering the rival submissions made on both sides, the petitioner is directed to give a fresh complaint to the second respondent and on receipt of the same, the second respondent is directed to conduct 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 Commissioner of Police, Salem District, Salem.

2. The Inspector of Police, Alagapuram Police Station, Salem District, Salem.

3. The Inspector of Police, Shevapet Police Station, Salem District, Salem.

4. The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.K.Mahendran, Advocate Sr 20392 KR/6/4/16 Crl.O.P.No.5594 of 2016 https://hcservices.ecourts.gov.in/hcservices/