Madras High CourtCRL OP/5674/2016disposed of

D. Jothi Babu, v. The Inspector Of Police,

2016-03-15Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.OP No.5674 of 2016 D.Jothi Babu .. Petitioner/Complainant Vs The Inspector of Police, Anti Land Grabbing Unit, Central Crime Branch, Team XVII, Egmore, Chennai.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to register FIR on the complaint of the petitioner dated 29.04.2013 and investigate the same in accordance with law.

For Petitioner : Mr.K.Murali Krishnan for M/s. Sai Bharath and Ilan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent to register FIR on the complaint of the petitioner dated 29.04.2013 and investigate the same in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

3. The learned Additional Public Prosecutor would submit that the complaint of the petitioner dated 29.04.2013 had been enquired into and the same was closed as mistake of fact on 31.10.2015 due to non-cooperation of the defacto complainant. While so, the petitioner has sent the second complaint on 27.10.2015. However, so far no document had been produced to substantiate his complaint. If the petitioner cooperate with the enquiry and produce the records, the respondent police will take further action in accordance with law.

4. Recording the submission of the learned Additional Public Prosecutor, the petitioner is hereby directed to cooperate with the enquiry and the respondent police is directed to conduct enquiry expeditiously and during the course of enquiry, if any cognizable offence is made out, a regular https://hcservices.ecourts.gov.in/hcservices/

case shall be registered, following the decision laid down by the Hon'ble Supreme Court in Lalita Kumari v. Government of Uttarpradesh and Others reported in (2014) 2 SCC 1. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar smi To

1. The Inspector of Police, Anti Land Grabbing Unit, Central Crime Branch, Team XVII, Egmore, Chennai.

2.The Public Prosecutor, High Court,Madras.

+ 1 cc to M/s. Sai Bharathi & Ilan, Advocate SR.16706 Crl.OP No.5674 of 2016 MP(CO) EU 31.03.16 https://hcservices.ecourts.gov.in/hcservices/