Madras High CourtCRL OP/7438/2016disposed of

E.Lakshmipathy v. State Rep By

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.7438 of 2016 E.Lakshmipathy .. Petitioner Vs.

State rep. by The Inspector of Police, T-10 Thirumullaivoyal Police Station, Thirumullaivoyal, Chennai-600 062.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register a case based on the petitioner's complaint dated 18.03.2016 and investigate the same in accordance with law.

For Petitioner : Mr.S.Senthil Kumar For Respondent : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking a direction to the respondent to register a case pertaining to the petitioner's complaint dated 18.03.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 18.03.2016 and C.S.R.No.217 of 2016 has been assigned. But the respondent has 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 the petitioner, petition enquiry in C.S.R.No.217 of 2016 is pending.

https://hcservices.ecourts.gov.in/hcservices/

4.Considering the rival submissions made on both sides, on the basis of the complaint given by the petitioner, as enquiry is pending in C.S.R.No.217 of 2016, the 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.

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

kj Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, T-10 Thirumullaivoyal Police Station, Thirumullaivoyal, Chennai-600 062.

2.The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.S.Senthil Kumar, Advocate Sr 22061 KR/13/4/16 Crl.O.P.No.7438 of 2016 https://hcservices.ecourts.gov.in/hcservices/