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Madras High CourtCRL OP/7702/2016disposed of

Kathirvel v. State Rep By

2016-04-11Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.7702 of 2016 Kathirvel .. Petitioner Vs.

1.State rep. by The Superintendent of Police, Coimbatore District.

2.The Inspector of Police, Kuttor Police Station, (In Crime No.Nil of 2016) Anamalai Sub Division, Coimbatore District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register the case on the file of the complaint dated 27.03.2016 in accordance with law. For Petitioner : Mr.P.Kalimuthu For Respondent : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction to the respondents to register a case pertaining to the petitioner's complaint dated 27.03.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the second respondent on 27.03.2016. But the second 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.

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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.55/2016 is pending.

4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, as enquiry is pending in C.S.R.No.55/2016, 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.

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

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

2.The Inspector of Police, Kuttor Police Station, (In Crime No.Nil of 2016) Anamalai Sub Division, Coimbatore District.

3.The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.P.Kalimuthu, Advocate Sr 22910 KR/20/4/16 Crl.O.P.No.7702 of 2016 https://hcservices.ecourts.gov.in/hcservices/