Madras High CourtCRL OP/7197/2016closed

R.Mohammed Ismail v. The Commissioner Of Police

2016-06-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl. O.P. No.7197 of 2016 R.Mohammed Ismail ..

Petitioner

Versus

1.The Commissioner of Police, Vepery, Chennai - 7.

2.The Inspector of Police, Pallavaram Police Station, Chennai.

Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the first respondent to investigate and register a case against the mentioned persons as per his complaint dated 28.10.2015. For Petitioner :

Mr.M.J.Nissar Ahmed For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

This petition has been filed to direct the first respondent to investigate and register the petitioner's complaint dated 28.10.2015.

2.Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3.When the matter was listed on 05.04.2016, it was represented by the learned Additional Public Prosecutor that the complaint given by the petitioner has been forwarded to Sankar Nagar Police Station. Hence, this Court directed the petitioner to file an application for impleading Sankar Nagar Police as respondent.

4.Today, when the matter was called, it is represented by the learned Additional Public Prosecutor that the complaint given by the petitioner dated 28.10.2015 has been re-transferred to the second respondent and that the petitioner is not cooperating with the enquiry. https://hcservices.ecourts.gov.in/hcservices/

5.Hence, the petitioner is directed to co-operate with the enquiry and the second respondent is directed to conduct enquiry and during the course of enquiry, if any cognizable offence is made out, a regular case shall be registered, following the decision laid down by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttarpradesh and Others reported in (2014) 2 SCC 1, or close the complaint under intimation to the petitioner.

6.With the above direction, this Criminal Original Petition is closed.

sri s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1.The Commissioner of Police, Vepery, Chennai - 7.

2.The Inspector of Police, Pallavaram Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.J.Nizzar Ahamed, Advocate SR 31354 jsv(co) prk16/6 Crl. O.P. No.7197 of 2016 https://hcservices.ecourts.gov.in/hcservices/