Madras High CourtCRL OP/7115/2016disposed of

Rojabeei v. The Superintendent Of Police

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7115 of 2016 Rojabeei ... Petitioner Vs.

1. The Superintendent of Police, Thiruvarur District.

2. The Inspector of Police, Koradacherry Police Station, Koradacherry, Kudavasal Taluk, Tiruvarur.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the 3rd respondent to register a case based on the petitioner complaint dated 08.2.2016 and take appropriate legal action in accordance with law.

For Petitioner : Mr.J. Nandagopal For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to direct the 3rd respondent to register a case based on the petitioner complaint dated 08.2.2016 and take appropriate legal action in accordance with law.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the 3rd respondent as early as on 8.2.2016 but, however, the 3rd respondent 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 the complaint given by the petitioner, petition enquiry is going on.

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4. Considering the rival submission made on both sides, as the petitioner has lodged complaint before the 3rd respondent on 8.2.2016 and he has also filed an acknowledgment card, the third 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.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Thiruvarur District.

2.The Inspector of Police, Koradacherry Police Station, Koradacherry, Kudavasal Taluk, Tiruvarur.

3.The Additional Public Prosecutor, High Court, Madras.

+1cc to M/S.J.Nandagopal, Advocate sr.21167 Crl.O.P.No.7115 of 2016 sai[co] srg 15/04/2016 https://hcservices.ecourts.gov.in/hcservices/