Madras High CourtCRL OP/7440/2016disposed of

Kali Poongundran 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.7440 of 2016 Kali Poongundran .. Petitioner Vs.

1. The Commissioner of Police, Commissioner Office, Vepery, Chennai.

2. The State rep. by The Inspector of Police, Nungambakkam Police Station, Chennai-34.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register a case based on the petitioner's complaint dated 28.04.2015 in C.S.R.No.264/CSR/F3/L&O of 2015 against H.Raja and investigate the matter in accordance with law.

For Petitioner : Mr.D.Veerasekaran 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 28.04.2015.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 28.04.2015 and C.S.R.No.264 of 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. https://hcservices.ecourts.gov.in/hcservices/

3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that on the basis of the complaint given by the petitioner, C.S.R.No.280 of 2015 has been assigned and enquiry is pending. He would further submit that C.S.R.No.264 of 2015 has been given for another complaint.

4.Considering the rival submissions made on both sides, on the basis of the complaint lodged by the petitioner, C.S.R.No.280 of 2015 has been given and as enquiry is going on, 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 directed to appear before the second respondent for enquiry on 12.04.2016.

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, Commissioner Office, Vepery, Chennai.

2.The State rep. by The Inspector of Police, Nungambakkam Police Station, Chennai-34.

3.The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.D.Veerasekaran, Advocate Sr 21930 KR/11/4/16 Crl.O.P.No.7440 of 2016 https://hcservices.ecourts.gov.in/hcservices/