Madras High CourtCRL OP/7942/2016disposed of

Banumathi v. State By

2016-04-21Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7942 of 2016 Banumathai ... Petitioner Vs.

State By: The Inspector of Police Annamalai Nagar Police Station, Chidambaram, Cuddalore District.

... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue direction to the respondent to register a case based on the petitioner's complaint dated 01.08.2015 and registered in CSR.No.7 of 2016 (on the file of the respondent police).

For Petitioner : Mr.P.Pugalenthi For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the respondent to register a case based on the petitioner's complaint dated 01.08.2015 and registered in C.S.R.No.7 of 2016.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent police on 01.08.2015. Though the complaint has been issued C.S.R.No.7 of 2016 by the respondent, 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.

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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 is pending and would further submit that the petitioner is not cooperating for enquiry. 4.Considering the rival submissions made on both sides, on the basis of the complaint given by the petitioner as petition enquiry is pending, the respondent police 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 co-operate with the respondent police for enquiry.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police Annamalai Nagar Police Station, Chidambaram, Cuddalore District.

2.The Public Prosecutor High Court, Madras.

Crl.O.P.No.7942 of 2016 ca(CO) srg(26/05/2016) https://hcservices.ecourts.gov.in/hcservices/