Madras High CourtCRL OP/819/2016disposed of

K.Tamizh Mani v. The Commissioner Of Police

2016-02-09Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.819 of 2016 K.Thamizh Mani .. Petitioner .. Vs ..

1. The Commissioner of Police, Chennai Metropolitan Police, Vepery, Chennai - 600 007.

2. The Deputy Commissioner, St. Thomas Mount, Chennai.

3. The Assistant Commissioner of Police, Madipakkam, Chennai.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police to register a case on the complaint dated 31.12.2015 given by the petitioner and investigate the same according to law expeditiously.

For Petitioner :

Mr.V.G.Anbarasu For Respondents:

Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the respondent police to register a case on the basis of the complaint dated 31.12.2015 given by him and investigate the same according to law expeditiously.

2. The learned counsel for the petitioner would submit that the petitioner has given a complaint to the second respondent police as early as on 31.12.2015, but, however, the second respondent police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief.

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3. Resisting the same, the learned Additional Public Prosecutor would submit that as soon as the second respondent police received the complaint, they issued a notice to the petitioner calling him for enquiry and though the notice has been received by the wife of the petitioner, the petitioner has not appeared for enquiry.

4. Considering the rival submissions made on both sides, the petitioner is directed to appear before the third respondent on 15.02.2016 and co-operate for enquiry and the third 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.

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Jrl To

1. The Commissioner of Police, Chennai Metropolitan Police, Vepery, Chennai - 600 007.

2. The Deputy Commissioner, St. Thomas Mount, Chennai.

3. The Assistant Commissioner of Police, Madipakkam, Chennai.

4. The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s. V.G. Anbarasu, Advocate Sr.8292 CRL.O.P.No.819 of 2016 SR(CO) Eu 12.02.2016 https://hcservices.ecourts.gov.in/hcservices/