Madras High CourtCRL OP/5781/2016disposed of

P. Pothraj, Advocate, v. State By The Inspector Of

2016-03-17Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5781 of 2016 P.Pothraj .. Petitioner Vs.

State rep. by The Inspector of Police N-2, kasimedu Police Station, Kasimedu, Chennai - 600 021 .. 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 22.01.2016 against Mr.G.Rajesh and file a final report.

For Petitioner :Mr.J.L.Vincent 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 22.01.2016 against one G.Rajesh and file a final report. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 22.01.2016. 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 after receipt of the petitioner's complaint, CSR.No.84 of 2016 has been given. He would further submit that the petitioner is not co-operating with the enquiry, hence the enquiry is pending. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the rival submissions made on both sides and also considering the facts and circumstances of the case, the petitioner is directed to appear before the respondent on 30.03.2016 for enquiry with all the relevant documents. The respondent police is directed to enquire the matter 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 ssd To 1.The Inspector of Police N-2, kasimedu Police Station, Kasimedu, Chennai - 600 021 2.The Public Prosecutor High Court, Chennai.

+1 cc to Mr.J.C.Vincent Advocate sr.17229 Crl.O.P.No.5781 of 2016 aa31/03/2016 https://hcservices.ecourts.gov.in/hcservices/