Madras High CourtCRL OP/5796/2016disposed of

Jyothi v. The Station House Officer

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.5796 of 2016 Jyothi .. Petitioner Vs.

1. The Station House Officer, Chidambaram Town Police Station, Chidambaram, Cuddalore District Tamilnadu

2. V.Chandra

3. N.Venugobal .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to register a case based on the petitioner's complaint dated 08.07.2015 and investigate the same and file a final report before the concerned Judicial Magistrate within a stipulated time. For Petitioner :Mr.P.R.Thiruneelakandan For Respondents :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 first respondent to register a case pertaining to the petitioner's complaint dated 08.07.2015 and investigate the same and file a final report before the concerned Judicial magistrate within a stipulated time. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the first respondent on 08.07.2015, for which, C.S.R.No.209 of 2015 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.Resisting the same, the learned Additional Public Prosecutor, on instructions, would submit that after receipt of the petitioner's complaint, CSR.No.209 of 2015 has been https://hcservices.ecourts.gov.in/hcservices/

given and the respondents 2 and 3 are not residing in the given address, hence the 1st respondent is unable to enquire the matter.

4.Recording the submission of the learned Additional Public Prosecutor, the petitioner is directed to furnish the correct address of the respondents 2 and 3 and co-operate with the enquiry. The first 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.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar ssd To 1.The Station House Officer, Chidambaram Town Police Station, Chidambaram, Cuddalore District Tamilnadu 2.The Additional Public Prosecutor High Court, Chennai.

+1 cc to M/s.P.R.Thiruneelakandan, Advocate, sr.17798 Crl.O.P.No.5796 of 2016 ak co 30.03.2016 https://hcservices.ecourts.gov.in/hcservices/