V.Ganesan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.8265 of 2016 V.Ganesan ... Petitioner Vs.

1.The Inspector of Police S - 12 Chitlapakkam Police Station, 2nd Main Road, Chitlapakkam, Chennai - 64.

2.The Commissioner of Police, Office of the Commissioner of Police, Veppery, Chennai - 07.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue direction to the first respondent to register a case on the complaint dated 22.03.2016, investigate and file final report. For Petitioner : Mr.K.Gowthaman For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the first respondent to register a case on the complaint dated 22.03.2016, investigate and file final report. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent police on 29.02.2016. Though the respondent has received the complaint and issued C.No.1307 of 2016, 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.

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.

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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 first 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(CS VII) //True Copy// Sub Assistant Registrar pri To 1.The Inspector of Police S - 12 Chitlapakkam Police Station, 2nd Main Road, Chitlapakkam, Chennai - 64.

2.The Commissioner of Police, Office of the Commissioner of Police, Veppery, Chennai - 07.

3.The Public Prosecutor High Court, Madras.

+1cc to Mr.Muthu Selvam, Advocate, S.R.No.25177 SVI(CO) EU(17/05/2016) Crl.O.P.No.8265 of 2016 https://hcservices.ecourts.gov.in/hcservices/