Madras High CourtCRL OP/8380/2016disposed of

K.Alfred v. The Inspector Of Police

2016-04-27Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2016

CORAM

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.8380 of 2016 K.Alfred ... Petitioner in Person Vs State Rep. By Inspector of Police (L & O) R-7, K.K.Nagar Police Station, K.K.Nagar, Chennai- 600 078.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to direct the respondent police to register the complaint and investigate and file the final report as per law aginst the complaint dated 17.09.2015.

Petitioner :

Mr.Alfred, Party-in-person For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the respondent police to register a case, based on his complaint dated 17.09.2015 and to proceed further in accordance with law.

2. The petitioner, who appeared in party-in-person, would submit that he has given a complaint to the respondent police as early as on 17.09.2015, but, however, the respondent police had not taken any steps to register a case and hence, he 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 compliant given by the petitioner, enquiry has been conducted and the same has been closed on the basis of the statement made by the petitioner, however, the said statement of the petitioner does not find place.

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4. Considering the rival submission made on both sides, this Court is of the view that since the statement made by the petitioner does not find place, the closure report has to be recalled. Accordingly, the closure report is hereby recalled and the petitioner is directed to appear before the respondent police on 05.05.2016 with all the relevant documents and cooperate with the enquiry and similarly, the 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. This Criminal Original Petition is disposed of with the above direction.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.The Inspector of Police (L & O) R-7, K.K.Nagar Police Station, K.K.Nagar, Chennai- 600 078.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.Alfred Petitioner in person SR 26859 gjII(co) prk30/5 Crl.O.P.No.8380 of 2016 https://hcservices.ecourts.gov.in/hcservices/