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Madras High CourtCRL OP/5898/2016disposed of

Shahanas Fathima v. The Inspector Of Police

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.5898 of 2016 Shahanas Fathima .. Petitioner Vs.

State rep. by The Inspector of Police All Women Police Station, M.K.B.Nagar, Chennai .. 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 16.02.2016 and investigate the same.

For Petitioner :Mr.A.K.M.Samsunihar 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 16.02.2016 and investigate the same.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 16.02.2016, for which, C.S.R.No.96 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 on the basis of the complaint given by the petitioner, petition enquiry in C.S.R.No.96 of 2016 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.96 of 2016, the 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.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police All Women Police Station, M.K.B.Nagar, Chennai 2.The Public Prosecutor High Court, Chennai.

+2 ccs to Mr. A. K.M. Samsunihar, Advocate, S.R.No. AK(CO) EU(01/04/2016) Crl.O.P.No.5898 of 2016 https://hcservices.ecourts.gov.in/hcservices/