Madras High CourtCRL OP/6356/2016disposed of

Vimala v. The Inspector Of Police

2016-03-30Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.6356 of 2016 1.Vimala ... Petitioner Vs.

1.State rep by Inspector of Police Vettavalam Police Station, Thiruvannamalai Taluk and District.

... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent herein to register a case on the basis of complaint dated 15.12.2015 and to file final report before this Hon'ble Court within stipulated period.

For Petitioner : Mr.V.Thiyagarajan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the respondents to register a case on the basis of the petitioner's complaint dated 15.12.2015.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent police on 15.12.2015, 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, submitted that the complaint given by the petitioner was assigned C.S.R.No.457 of 2015, it was enquired and closed on 27.12.2015.

4.Considering the rival submissions made on both sides and on perusal of typed set of papers it is known that the complaint has been given by one Vimala along with the relevant A.R.Copy and other documents but a statement has been given by her that https://hcservices.ecourts.gov.in/hcservices/

she will not cause any trouble. In such circumstances, the closure report is hereby re-opened and the respondent police is directed to enquire the matter afresh 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.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar pri To 1.The Inspector of Police Vettavalam Police Station, Thiruvannamalai Taluk and District.

2.The Public Prosecutor High Court, Madras.

+1cc to Mr.V. Thiyagarajan , Advocate, S.R.No.19769 AK(CO) EU(15/04/2016) Crl.O.P.No.6356 of 2016 https://hcservices.ecourts.gov.in/hcservices/