Madras High CourtCRL OP/5599/2016disposed of

M.Gokila v. The Commissioner Of Police

2016-04-06Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5599 of 2016 M.Gokila .. Petitioner Vs.

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

2.The Inspector of Police, Law and Order, R.S.Puram Police Station, Coimbatore.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to register a case on the basis of the petitioner's complaint dated 13.04.2015 against the accused persons.

For Petitioner : Mr.T.Padmanabhan 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 respondents to register a case pertaining to the petitioner's complaint dated 13.04.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 28.03.2015 and she has also sent a reminder to the respondents on 13.04.2015. 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 the petitioner has lodged a complaint only before the Commissioner of Police, Coimbatore and she has not sent any complaint to the second respondent.

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4.Heard both sides.

5.When the matter came up for hearing on 14.03.2016, the learned Additional Public Prosecutor sought for adjournment to ascertain as to whether the petitioner has lodged the complaint before the second respondent. Even today, he is not able to get instruction. Therefore, I am of the view, it is a fit case to give a direction to both the respondents to enquire the matter on the basis of the petitioner's complaint. Accordingly, both the respondents are 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.

6. 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, Coimbatore District, Coimbatore.

2. The Inspector of Police, Law and Order, R.S.Puram Police Station, Coimbatore.

3. The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.T.Padmanabhan, Advocate Sr 22255 KR/13/4/16 Crl.O.P.No.5599 of 2016 https://hcservices.ecourts.gov.in/hcservices/