Madras High CourtCRL OP/6236/2016disposed of

P. Venkatesan, v. The State Rep. By The

2016-03-22Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.6236 of 2016 P.Venkatesan .. Petitioner Vs.

1. The State rep. by The Inspector of Police, G9 Achirapakkam Police Station, Achirapakkam, Kanchipuram District.

2. The Superintendent of Police, Kanchipuram, Kanchipuram District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C.to direct the respondents to register the complaint dated 15.02.2016 pending on the file of the first respondent given by the petitioner and consequently to conduct the investigation and to file a final report thereof.

For Petitioner : Mr.S.R.Hem Kumar 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 15.02.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the first respondent on 15.02.2016, for which, C.S.R.No.47/2016 has been assigned. But the first 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. https://hcservices.ecourts.gov.in/hcservices/

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.47/2016 is pending.

4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, as enquiry is pending in C.S.R.No.47/2016, the first 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.

cse s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, G9 Achirapakkam Police Station, Achirapakkam, Kanchipuram District.

2. The Superintendent of Police, Kanchipuram, Kanchipuram District.

3. The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.S.R.Hemkumar, Advocate SR 18328 ug(co) prk29/3 Crl.O.P.No.6236 of 2016 https://hcservices.ecourts.gov.in/hcservices/