Shanawas Hussain v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.7984 of 2016 Shanawas Hussain .. Petitioner Vs.

1.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Chennai - 600 007.

2.The Inspector of Police, V-5 Thirumangalam Police Station.

3.The Crime Inspector, V-5 Thirumangalam Police Station. .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the third respondent, Crime Inspector, V-5 Thirumangalam Police Station to receive the petitioner's complaint dated 09.10.2015 as per the orders in Crl.O.P.No.22559 of 2015 dated 09.09.2015 and enquire into the same in accordance with law. For Petitioner : Mr.N.A.Kareem For Respondents : 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 third respondent to receive the petitioner's complaint dated 09.10.2015 as per the orders in Crl.O.P.No.22559 of 2015 dated 09.09.2015 and enquiry into in accordance with law. 2.Heard the learned counsel appearing for the petitioner and perused the typed set of papers.

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3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that the complaint given by the petitioner is pending before the third respondent. He further submitted that the petitioner has not co-operated for enquiry. 4.Considering the rival submissions made on both sides and as the complaint given by the petitioner is pending before the third respondent, the third 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 third respondent on 25.04.2016 for enquiry.

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

cse Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.

To 1.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Chennai - 600 007.

2.The Inspector of Police, V-5 Thirumangalam Police Station.

3.The Crime Inspector, V-5 Thirumangalam Police Station.

4.The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.N.A.Kareem, Advocate Sr 24479 (26/4/16) Crl.O.P.No.7984 of 2016 sns[co] gp/21.4 https://hcservices.ecourts.gov.in/hcservices/