Madras High CourtCRL OP/5760/2016disposed of

C.Chandran v. The Inspector Of Police

2016-04-01Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5760 of 2016 C.Chandran .. Petitioner Vs.

The Inspector of police Poonamallee police station Poonamallee, Chennai-56.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register the case on the basis of the petitioners complaint dated 04.03.2016 and investigate the same in accordance with law.

For Petitioner :Mr.P.Dhananjayan For Respondent :Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking a direction to the respondent to register a case pertaining to the petitioner's complaint dated 04.03.2016.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 04.03.2016, for which, C.S.R.No.95 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 since the petitioner did not co-operate for enquiry, the petitioner's complaint was closed.

4.Considering the rival submissions made on both sides, since the petitioner did not co-operate for enquiry, his complaint was closed. However, this Court is inclined to reopen the closure report furnished by the respondent. Accordingly, the closure report is hereby reopened and the respondent is directed to conduct the enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 https://hcservices.ecourts.gov.in/hcservices/

(SC) and register a case, if any cognizable offence is made out. The petitioner is directed to co-operate for enquiry.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Inspector of police Poonamallee police station Poonamallee, Chennai-56.

2.The Public Prosecutor, High Court, Chennai.

+1cc to Mr.P.Dhanan Jayan, Advocate Sr.20681 Crl.O.P.No.5760 of 2016 mg[co] srg 07/04/2016 https://hcservices.ecourts.gov.in/hcservices/