Madras High CourtCRL OP/8266/2016disposed of

Padmavathi v. State Rep. 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.8266 of 2016 Padmavathi ... Petitioner Vs.

1.State rep by The Inspector of Police Thiruthuraipoondi P.S.

Thiruvarur District.

2.Smt.Rajeswari 3.Smt.Rani 4.Saminathan ... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue direction to register a case on the complaint of the petitioner dated 05.11.2015 and the CSR issued by the first respondent in petition no.565 of 2015 and file a charge sheet against the respondents 2 to 3 and other connected accused persons. For Petitioner : Mr.K.M.Subrahmaniam For Respondents: Mr.C.Emalias for R1 Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the respondent to register the complaint dated 05.11.2015 given by the petitioner.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent police on 05.11.2015. Though the first respondent has received the complaint and issued C.S.R. in petition no.565 of 2015, 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.

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

3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that on the basis of the complaint given by the petitioner, investigation is going on. 4.Considering the rival submissions made on both sides, on the basis of the complaint given by the petitioner as investigation is going on, 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(J) //True Copy// Sub Assistant Registrar pri To 1.The Inspector of Police Thiruthuraipoondi P.S.

Thiruvarur District.

2.The Public Prosecutor High Court, Madras.

+ 1 cc to MR.K. M. Subramaniam, Advocate SR.24590 Crl.O.P.No.8266 of 2016 UG(CO) Eu 19.05.16 https://hcservices.ecourts.gov.in/hcservices/