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Madras High CourtCRL OP/7435/2016disposed of

K.Sivasubramanian v. The Commissioner Of Police

2016-04-06Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.7435 of 2016 K.Sivasubramanian .. Petitioner Vs.

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

2.State rep. by The Inspector of Police (Crime), H-4 Korrukkupet Police Station, Chennai.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register a case on the basis of the petitioner's complaint dated 05.02.2016 given by the petitioner.

For Petitioner : Mr.S.Jeeva 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 second respondent to register a case pertaining to the petitioner's complaint dated 05.02.2016.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 05.02.2016. 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 lodged by the petitioner, enquiry is pending. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the rival submissions made on both sides, on the basis of the complaint lodged by the petitioner, as enquiry is pending, the second 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 Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai-7.

2.The Inspector of Police (Crime) H-4 Korrukkupet Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

KR/13/4/16 Crl.O.P.No.7435 of 2016 https://hcservices.ecourts.gov.in/hcservices/