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Madras High CourtCRL OP/7281/2016disposed of

M. Kulanthaiya, v. The State Rep. By The

2016-04-05Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7281 of 2016 M.Kulanthaiya ...

Petitioner Vs.

The State rep by The Inspector of Police, Kelambakkam Police Station, Kancheepuram District.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondent to register an FIR based on the complaint of the petitioner in CSR.No.121/2016 dated on 05.03.2016.

For Petitioner :

Mr.T.G.Brusly Gopal 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 respondent to register an FIR based on the complaint of the petitioner in CSR.No.121/2016 dated on 05.03.2016.

2.The learned counsel for the petitioner would submit that the petitioner has given a complaint to the respondent as early as on 05.03.2016, however, the respondent has not shown any interest to enquire the matter and to register an FIR. 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 based on the complaint given by the petitioner in C.S.R.No.121 of 2016, petition enquiry is going on.

4.Considering the rival submission made on both sides, the respondent is directed to expedite the enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others https://hcservices.ecourts.gov.in/hcservices/

[2013 (4) Crimes 243 (SC) and register a case, if any cognizable offence is made out.

The Criminal Original Petition is disposed of with the above direction.

mps s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, Kelambakkam Police Station, Kancheepuram District.

2.The Public Prosecutor, Madras High Court, Madras.

+1 cc to Mr.T.G.Brusly Gopal, Advocate SR 21207 skv(co) prk25/4 Crl.O.P.No.7281 of 2016 https://hcservices.ecourts.gov.in/hcservices/