K.Selvanayagi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2016

CORAM

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.6879 of 2016 K.Selvanayagi ... Petitioner Vs

1. The Commissioner of Police, O/o. The Commissioner of Police, Coimbatore.

2. The Inspector of Police, Karumathampatty Police Station, Karumathampatty, Coimbatore District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction, to direct the 2nd respondent to register a FIR on the petitioner's complaint dated 21.05.2015. For Petitioner : Mr.A.Gokulakrishnan For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the second respondent to register a case on the basis of the complaint given by the petitioner on 21.05.2015.

2. The learned counsel appearing for the petitioner would submit that the petitioner has given a complaint to the respondent as early as on 21.05.2015, but, however, the respondent police had not taken any steps to register a case and 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 https://hcservices.ecourts.gov.in/hcservices/

the complaint given by the petitioner, enquiry has been conducted and the complaint has been closed. He further submitted that the statement of the petitioner is not available.

4. Considering the rival submissions made on both sides, I am of the view that even though the complaint has been closed, there is no evidence to show that the petitioner was examined by the respondent police and therefore, it is a fit case to re-open the closure report and enquire the matter afresh. Hence, the second respondent is directed to re-open the case and 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.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsm To

1. The Commissioner of Police, O/o. The Commissioner of Police, Coimbatore.

2. The Inspector of Police, Karumathampatty Police Station, Karumathampatty, Coimbatore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Gokulakrishnan, Advocate, S.R.No.27289 Crl.O.P.No.6879 of 2016 SV(CO) CA(17/05/2016) https://hcservices.ecourts.gov.in/hcservices/