Madras High CourtCRL OP/8003/2016disposed of

A.Balachandran v. The Superintendent Of Police

2016-04-20Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.8003 of 2016 A.Balachandran .. Petitioner Vs.

1.The Superintendent of Police Karaikkal.

2.The Station House Officer Niravi police station Karaikkal, Pondicherry-609 604.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to register a case on the basis of the petitioner's complaint dated 19.02.2016 and investigate the same in accordance with law.

For Petitioner : M/S.Monica Vincent For Respondents :Mr.V.Balamurugane Addl. Public Prosecutor (Puducherry)

O R D E R

The petitioner has come forward with this petition seeking a direction to the respondents to register a case pertaining to the petitioner's complaint dated 19.02.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 19.02.2016. 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.

3.Learned Additional Public Prosecutor (Puducherry) submits that the second respondent has not received any such complaint from the petitioner.

4.Heard both sides.

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

5.A perusal of the typed set of papers reveals that the petitioner has not produced any document to show that he has preferred the complaint before the second respondent and the acknowledgment card served to the first respondent alone has been produced. Under such circumstances, the petitioner is directed to give a fresh complaint to the second respondent and on receipt of the same, the second respondent is directed to conduct 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.

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

kj Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police Karaikkal.

2.The Station House Officer Niravi police station Karaikkal, Pondicherry-609 604.

3.The Public Prosecutor, High Court, Chennai. + 1 cc to M/s.Bence, Advocate Sr 24903 KR/28/4/16 Crl.O.P.No.8003 of 2016 https://hcservices.ecourts.gov.in/hcservices/