Madras High CourtCRL OP/7407/2016disposed of

Mr. Manoharan, v. Superintendent Of Police,

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.7407 of 2016 Manoharan .. Petitioner Vs.

1.The Superintendent of Police, Vellore District.

2.The Inspector of Police, Sipcot, Vellore District.

(Application No.54/SPG/SB/2015) .. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent to register the FIR on the complaint given by the petitioner dated 05.10.2015 to the first respondent in the manner known to law.

For Petitioner : Mr.K.Nirmal Kumar For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking for a direction to the second respondent police to register a case pertaining to the petitioner's complaint dated 05.10.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 05.10.2015, for which, A.No.54/SPG/SB/2015 has been given. But the respondents have not shown any interest to enquire the matter and register the case. 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 one C.Elangovan on 01.09.2015, petition enquiry has been pending. He would further submit that the https://hcservices.ecourts.gov.in/hcservices/

petitioner has given a complaint dated 05.10.2015, which was also pending and because of the non-co-operation of the petitioner it is yet to be disposed of.

4.Considering the rival submissions made on both sides, the second respondent is directed to 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. The petitioner is also directed to appear before the second respondent on 12.04.2016 with the relevant documents.

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

kkd Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, Vellore District.

2.The Inspector of Police, Sipcot, Vellore District.

3.The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.K.Nirmal Kumar, Advocate Sr 21228 KR/11/4/16 Crl.O.P.No.7407 of 2016 https://hcservices.ecourts.gov.in/hcservices/