Madras High CourtCRL OP/5890/2016disposed of

G.Rathinavelu Subramani v. State Rep. By Its

2016-04-07Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2016

CORAM

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5890 of 2016 G.Rathinavelu Subramani ... Petitioner Vs 1.State Rep. By its The Superintendent of Police, Kancheepuram District.

2.The Deputy Superintendent of Police, District Crime Branch, Kancheepuram District.

3.The Inspector of Police, District Crime Branch, Kancheepuram District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the third respondent to register the case on the basis of the complaint dated 27.02.2016 and investigate the matter in accordance with law.

For Petitioner : Mr.T.Muruganantham For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the third respondent to register the case on the basis of the complaint dated 27.02.2016 and investigate the matter in accordance with law.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the 1st respondent as early as on 27.02.2016, but, however, the respondent police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief. 3.

At this juncture, the learned Additional Public Prosecutor would submit that respondents 2 and 3 have not https://hcservices.ecourts.gov.in/hcservices/

received any complaint and the first respondent alone has received the complaint of the petitioner and leave the matter to the Court for consideration.

4. Considering the rival submissions made on either side, this Court directs the first respondent to forward the petitioner's complaint dated 27.02.2016 to the third respondent and on receipt of the same, the third 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 (CO) /true copy/ Sub Asst. Registrar vsm To The Superintendent of Police, Kancheepuram District.

2.The Deputy Superintendent of Police, District Crime Branch, Kancheepuram District.

3.The Inspector of Police, District Crime Branch, Kancheepuram District.

4.The Public Prosecutor, High Court, Madras.

1 cc to Mr.T. Muruganantham, Advocate, Sr. 22376 Crl.O.P.No.5890 of 2016 KSJ (CO) kk 22/4 https://hcservices.ecourts.gov.in/hcservices/