Madras High CourtCRL OP/5803/2016disposed of

Suresh.J v. The Commissioner Of Police

2016-03-17Honourable Ms. Justice R.Mala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5803 of 2016 Suresh, J .. Petitioner Vs.

1.The Commissioner of Police Vepery, Chennai - 600 007 2.The Deputy Commissioner of Police, Madhavaram Range, Chennai - 60

3. The Assistant Commissioner of Police Madhavaram, Chennai - 600 060

4. The Inspector of Police (Crime) M-1, Madhavaram Police Station, Chennai .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 4th respondent to register a case based on the petitioner's complaint dated 18.11.2015 in CSR No.1013 of 2015 dated 19.11.2015 For Petitioner :Mr.E.Vijay 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 4th respondent to register a case pertaining to the petitioner's complaint dated 18.11.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the fourth respondent on 18.11.2015, for which, C.S.R.No.1013 of 2015 has been assigned. 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 on the basis of the complaint given by the petitioner, petition enquiry in C.S.R.No.1013 of 2015 is going on.

4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, as enquiry is going on in C.S.R.No.1013 of 2015, the 4th respondent is directed to expedite the 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.

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

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar ssd To 1.The Commissioner of Police Vepery, Chennai - 600 007 2.The Deputy Commissioner of Police, Madhavaram Range, Chennai - 60

3. The Assistant Commissioner of Police Madhavaram, Chennai - 600 060

4. The Inspector of Police (Crime) M-1, Madhavaram Police Station, Chennai

5.The Public Prosecutor High Court, Chennai.

1 cc to Mr.E. Vijay, Advocate, Sr. 16995 Crl.O.P.No.5803 of 2016 BVR (CO) kk 29/3