Madras High CourtCRL OP/6880/2016disposed of

K.Kadhiravan v. The Inspector Of Police

2016-04-12Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.6880 of 2016 K.Kadhiravan .. Petitioner Vs.

1.The State rep. by The Inspector of Police Nagoor police station Nagoor, Nagai District.

2.The Superintendent of Police Nagapattinam District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to register the case based on the petitioner's complaint dated 11.11.2015. For Petitioner :

Mr.V.K.Rajendiran For Respondents :

Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking a direction to the first respondent to register a case pertaining to the petitioner's complaint dated 11.11.2015. 2.The learned counsel for the petitioner submitted that the petitioner's lorry bearing Registration No.TN-46-L-6461 was missing on 11.11.2015. Even though the petitioner has lodged a complaint before the first respondent on 11.11.2015, he has not taken any steps to register the case. Hence, he has given another complaint before the second respondent on 01.03.2016. Even then they have not shown any interest to enquire the matter and register the case. Therefore, 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 first respondent has not received any complaint.

https://hcservices.ecourts.gov.in/hcservices/

4.Considering the rival submissions made on both sides, the petitioner is directed to give a fresh complaint before the first respondent within a week and on receipt of the same, the first respondent is directed to conduct 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.

kj -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1.The Inspector of Police Nagoor police station Nagoor, Nagai District.

2.The Superintendent of Police Nagapattinam District.

3.The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.V.K.Rajendiran, Advocate SR 22909 mg(co) prk20/4 Crl.O.P.No.6880 of 2016 https://hcservices.ecourts.gov.in/hcservices/