Madras High CourtCRL OP/6855/2016disposed of

C.Nagalingam 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.6855 of 2016 C.Nagalingam ... Petitioner Vs.

The Inspector of Police T-14, Mangadu Police Station, Chennai - 600 122.

... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue direction to the respondent police to register the petitioner complaint dated 29.02.2016.

For Petitioner : Mr.P.Vasanth For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the respondent police to register the petitioner complaint dated 29.02.2016.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent police on 29.02.2016 and it was also assigned C.S.R.No.339 of 2016, 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 the petitioner herein has given a complaint and he was called for enquiry but he did not turn up, his whereabout was not known and hence the complaint was closed on 22.03.2016. Hence, he prayed for dismissal of the petition.

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4.Considering the rival submissions made on both sides and on perusal of the typed set of papers, it is known that merely because of the non-appearance of the petitioner the complaint has been closed. Hence, it is a fit case to reopen the closure report and the closure report is hereby reopened. The petitioner is directed to appear before the respondent police along with relevant document on 06.04.2016 and the respondent police 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.With the above direction, this Criminal Original Petition is disposed of.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar pri To 1.The Inspector of Police T-14, Mangadu Police Station, Chennai - 600 122.

2.The Public Prosecutor High Court, Madras.

+1 cc to Mr.P.Vasanth Advocate sr.20624/16 Crl.O.P.No.6855 of 2016 aa15/04/2016 https://hcservices.ecourts.gov.in/hcservices/