Joseph v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.6448 of 2016 Joseph ... Petitioner Vs.

State by

1. The Superintendent of Police Krishnagiri, Krishnagiri District.

2. The Sub-Inspector of Police Thally Police Station, Krishnagiri District.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue direction to the second respondent to register FIR on his complaint dated 25.07.2015.

For Petitioner : Mr.K.Thiruvengadam For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the second respondent to register FIR on his complaint dated 25.07.2015.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent police on 25.07.2015, 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.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that even though the complaint given to the Superintendent of Police has been sent to the second respondent, he has not received it. He further https://hcservices.ecourts.gov.in/hcservices/

submitted that if a fresh complaint is given, the respondent police will enquire the matter.

4.Considering the submissions made by the learned Additional Public Prosecutor, the petitioner is directed to give fresh complaint to the second respondent within a period of one week from the date of receipt of a copy of this order and the second respondent on receipt of the same is directed to enquire the matter 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(CS III) //True Copy// Sub Assistant Registrar pri To

1. The Superintendent of Police Krishnagiri, Krishnagiri District.

2. The Sub-Inspector of Police Thally Police Station, Krishnagiri District.

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.K.Thiruvengadam, Advocate, S.R.No.19923 Crl.O.P.No.6448 of 2016 SR(CO) CA(15/04/2016) https://hcservices.ecourts.gov.in/hcservices/